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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. Special Bailments
intent when attached and will item be damaged because of removal? hard to determine
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

2. EEOC is responsible for doing what?
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
generally the use of a software to perform a job or deliver product
owner of premise where it was found - after good title is acquired

3. What are strong Marks?
offering someone who works at a different firm money for their trade secrets
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
first person to invent not file for patent
10 year period renewable

4. When property is found that was mislaid who owns it?
owner of premise where it was found - after good title is acquired
the property that will benefit from a profit
used by members of a cooperative organization to certify the quality of service or product
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

5. Title VII protected categories?
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
race - sex - national origin - color - religion

6. Reasonable accommodation requirements by the ADA
probable cause
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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

7. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
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
finder after obtaining a title
must effectively try to acquire protection as well as keep the secret

8. Do Deeds require consideration to be valid?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
No - property gifts are common
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
process of hiding the source of illegally acquired funds

9. What is secondary meaning?
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
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

10. 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
key words of a website that are used for search engines
intent when attached and will item be damaged because of removal? hard to determine
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

11. What terminates an easement?
offering someone who works at a different firm money for their trade secrets
arises when customers begin to associate a specific term or phrase with specific trademarked items
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

12. What is an implied warranty of habitability?
secondary meaning
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
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

13. Trademarks are good for? are they renewable
used by members of a cooperative organization to certify the quality of service or product
10 year period renewable
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another

14. What could be considered as sexual harassment in the work place
document by which title to property is passed
this for that - sexual favors - general conduct however one incident is not enough
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
agreement permitting use of a trademark

15. Discrimination during the hiring process is acceptable when?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
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

16. Attorney client privilege accomplishes what?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
entry of a plea - guilty/ not guilty

17. What is a Deed
it rewards citizens for putting land to good use rather than just sitting on expanses of property
document by which title to property is passed
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
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

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

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19. Copyright requirements
members cannot give nationals favorable treatment
given exclusive possession and control over property - and knowingly accept responsibility
crops is considered to be real property and should be considered in the sale of such property.
test is originality - lasts life of creator - protection is automatic

20. What is a warranty deed?
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
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

21. Joint tenancy
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
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
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

22. Arraignment is what?
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
entry of a plea - guilty/ not guilty
arises when customers begin to associate a specific term or phrase with specific trademarked items
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

23. Larceny
given exclusive possession and control over property - and knowingly accept responsibility
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
taking property away from the owner with the intent of permanently removing them of ownership
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

24. How long are patents protected?
20 years from filing
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
classic stone corp. owns a profit in gross - and cannot transfer this right to another

25. In order to prove discrimination in hiring one has to prove?
it is a federal crime to use the us postal service to defraud others on false pretenses
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
multiple owners of real or personal property

26. In real property law who is considered to be the dominant estate?
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
offering someone who works at a different firm money for their trade secrets
voluntarily parted with at the time - but then later tries to find it
the property that will benefit from a profit

27. What is a profit under real property law?
first person to invent not file for patent
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
the right to enter onto another persons property with the intentions of removing something valuable
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

28. How can someone legally acquire trade secrets?
No - property gifts are common
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
reverse engineer - go through garbage..

29. Roman Catholic Church V. Prince Reality Management regarding a license?
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
finder after obtaining a title
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
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

30. Service mark
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
owner of premise where it was found - after good title is acquired
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

31. What is the result of a mistrial or a hung jury?
arises when customers begin to associate a specific term or phrase with specific trademarked items
the property that will benefit from a profit
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 by members of a cooperative organization to certify the quality of service or product

32. Secondary Meaning Example frosty treats
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
this for that - sexual favors - general conduct however one incident is not enough
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

33. Fair use doctrine
allows for use of copyrighted material under certain guidelines
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property

34. Sexual harassment is treated as what?
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
a warranty that the buyer will not be disturbed in their possession of the land
the property that will benefit from a profit

35. Country club case
probable cause
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
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
a physical or mental impairment that substantially limits one or more major life activities

36. What is a conveyance?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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
the property that will benefit from a profit
a deed that transfers interest in a life estate from one to another

37. Example of an exception to the at will doctrine based on tort theory
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
intent when attached and will item be damaged because of removal? hard to determine
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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

38. What composes an 'at will doctrine'
any party can terminate an employment arrangement at anytime no questions asked
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
property of one person rightfully in possession of another - custody
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

39. Examples of collective marks
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
must effectively try to acquire protection as well as keep the secret
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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.

40. What is a covenant of quiet enjoyment?
used by members of a cooperative organization to certify the quality of service or product
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
a warranty that the buyer will not be disturbed in their possession of the land
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

41. Strong Marks Case Example

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42. Commercial bribery example
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
multiple owners of real or personal property
offering someone who works at a different firm money for their trade 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

43. 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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44. 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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
given exclusive possession and control over property - and knowingly accept responsibility
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

45. In order to receive protection under the family medical leave act - one must?
work for a company with more than 50 employees - employed for a year - and must try to give notice
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

46. Meta tags
property of one person rightfully in possession of another - custody
a deed that transfers interest in a life estate from one to another
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
key words of a website that are used for search engines

47. Requirements of a bailement
No - property gifts are common
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
given exclusive possession and control over property - and knowingly accept responsibility
key words of a website that are used for search engines

48. Mail Fraud Act of 1990 is what?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
it is a federal crime to use the us postal service to defraud others on false pretenses

49. What composes RICO?
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
offering someone who works at a different firm money for their trade secrets
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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

50. What is retaliatory discharge?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
document by which title to property is passed
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication