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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. Remedies for patent infringement
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
ownership rights to property
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

2. License in trademark law?
agreement permitting use of a trademark
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
mental state or intent part 2 of 2 for determining criminal liability
this for that - sexual favors - general conduct however one incident is not enough

3. Special Bailments
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
can appeal - subject to new trial
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

4. What happens when land is sold that is growing crops?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
crops is considered to be real property and should be considered in the sale of such property.
can appeal - subject to new trial
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

5. What is protected expression?
No - but if they find any other reason - like you have been late often than you'll probably get fired
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

6. Mail Fraud Act of 1990 is what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
it is a federal crime to use the us postal service to defraud others on false pretenses
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

7. Reasonable accommodation requirements by the ADA
criminal defense stating that a crime was necessary in preventing an even greater crime
hours of employment - conditions - age of workers
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
another persons right to make limited use of another persons real property without taking anything away from the property

8. In order to recieve protection what must one do?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
must effectively try to acquire protection as well as keep the secret
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

9. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
obtaining ownership by living on anothers property
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
secondary meaning

10. Trademark dilution
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
criticism - use in satire - news report - use to educate
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

11. Arraignment is what?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
entry of a plea - guilty/ not guilty
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

12. Drake V. Walton County regarding the county taking property
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
agreement permitting use of a trademark
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.
streamlines and standardizes the processes for applying for a trademark abroad

13. How long are patents protected?
secondary meaning
treble damages
20 years from filing
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

14. In real property law who is considered to be the dominant estate?
the property that will benefit from a profit
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
given exclusive possession and control over property - and knowingly accept responsibility

15. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
it is a federal crime to use the us postal service to defraud others on false pretenses
obtaining ownership by living on anothers property
document by which title to property is passed
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

16. Requirements of a bailement
novel - useful - non obvious
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
given exclusive possession and control over property - and knowingly accept responsibility

17. Cybersquatting
test is originality - lasts life of creator - protection is automatic
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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

18. Sexual harassment is treated as what?
any party can terminate an employment arrangement at anytime no questions asked
who has been using it first or filed for it first
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
sexual harassment is protected under title 7 because it effects genders differently in the workplace

19. Derivative work
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

20. What must a deed possess to be valid?

21. Generic terms can never have?
secondary meaning
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
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

22. How can someone legally acquire trade secrets?
secondary meaning
reverse engineer - go through garbage..
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
this for that - sexual favors - general conduct however one incident is not enough

23. Age discrimination achieves what?
can appeal - subject to new trial
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

24. Roman Catholic Church V. Prince Reality Management regarding a license?
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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

25. Gold club corporate criminal liability example?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
process of hiding the source of illegally acquired funds
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 motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

26. Workers comp and negligence

27. What is the result of a mistrial or a hung jury?
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.
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
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

28. Money laundering
secondary meaning
process of hiding the source of illegally acquired funds
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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

29. Duress criminal defense
a warranty that the buyer will not be disturbed in their possession of the land
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
10 years and it is renewable
offering someone who works at a different firm money for their trade secrets

30. What are the requirements for making a gift an effective transfer of ownership?
intent when attached and will item be damaged because of removal? hard to determine
intent - delivery - acceptance
members cannot give nationals favorable treatment
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. Are crops real property when they are sold?
process of hiding the source of illegally acquired funds
No - they are considered to be goods and is governed by the uniform commercial code
the property that will benefit from a profit
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

32. Can you be fired for whistle blowing?

33. In order to prove discrimination in hiring one has to prove?
secondary meaning
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
generally the use of a software to perform a job or deliver product
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

34. In order for a disability to be legally recognized what must exist?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
record of such condition - being regarded as actually having a condition
arises when customers begin to associate a specific term or phrase with specific trademarked items
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

35. What composes RICO?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

36. The WARN act calls for what?
owner of premise where it was found - after good title is acquired
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
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

37. 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
crops is considered to be real property and should be considered in the sale of such property.
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

38. Mislaid property
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
it is a federal crime to use the us postal service to defraud others on false pretenses
voluntarily parted with at the time - but then later tries to find it

39. What is secondary meaning?
criticism - use in satire - news report - use to educate
arises when customers begin to associate a specific term or phrase with specific trademarked items
mistake of fact
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

40. What is Actus Reus
another persons right to make limited use of another persons real property without taking anything away from the property
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
voluntarily parted with at the time - but then later tries to find it

41. Are commercial flights permitted to fly over private property?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
a physical or mental impairment that substantially limits one or more major life activities
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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

42. Outcome of unanimous not guilty?
cannot be tried again - no appeal
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
used by members of a cooperative organization to certify the quality of service or product

43. Fair labor standards act covers issues such as?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
offering someone who works at a different firm money for their trade secrets
hours of employment - conditions - age of workers
classic stone corp. owns a profit in gross - and cannot transfer this right to another

44. Employers should handle hostile environments regarding protected members of title 7 by?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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

45. Title VII protected categories?
race - sex - national origin - color - religion
fraudulent miss-use of funds that have been entrusted to them
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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

46. The madrid protocol accomplishes what?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
streamlines and standardizes the processes for applying for a trademark abroad
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
can appeal - subject to new trial

47. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
who has been using it first or filed for it first
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
secondary meaning
mental state or intent part 2 of 2 for determining criminal liability

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

49. The Berne Convention
hours of employment - conditions - age of workers
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
breaking into a residence with the intent of performing a felony. this is a crime against property.
the corporation could have prevented such acts

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