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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. Are compilation of facts copyrightable? case example
used by members of a cooperative organization to certify the quality of service or product
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
distinctive decor - menu - style - service of an offering

2. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
the corporation could have prevented such acts
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
this for that - sexual favors - general conduct however one incident is not enough

3. Reverse discrimination example firefighters
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
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

4. Tenancy by the entirety - or community ownership
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
sufficient evidence
voluntarily parted with at the time - but then later tries to find it

5. Possible ruling interpretations for accession cases
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
mistake of fact
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
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. Title VII prevents discrimination in?

7. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
any party can terminate an employment arrangement at anytime no questions asked
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
20 years from filing

8. In the united states who gets the patent if there is a conflict?
multiple owners of real or personal property
first person to invent not file for patent
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
the property that will benefit from a profit

9. Purpose of criminal penalties?
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

10. What composes an 'at will doctrine'
reverse engineer - go through garbage..
any party can terminate an employment arrangement at anytime no questions asked
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
the corporation could have prevented such acts

11. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
a deed that transfers interest in a life estate from one to another
a warranty that the buyer will not be disturbed in their possession of the land
entry of a plea - guilty/ not guilty

12. What is can be considered trade dress?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
distinctive decor - menu - style - service of an offering
it rewards citizens for putting land to good use rather than just sitting on expanses of property
mistake of fact

13. What kind of mistake can be used as criminal defense?
mistake of fact
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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

14. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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.
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
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

15. What is the result of a mistrial or a hung jury?
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
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
test is originality - lasts life of creator - protection is automatic

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

17. Sambucks vs. starbucks
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
intent when attached and will item be damaged because of removal? hard to determine
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
No - they are considered to be goods and is governed by the uniform commercial code

18. Indictment requires
sufficient evidence
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
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
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

19. Fair use doctrine
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
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
allows for use of copyrighted material under certain guidelines

20. The WARN act calls for what?
No - property gifts are common
sufficient evidence
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 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

21. Steps to determining trademark infringement?
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
multiple owners of real or personal property
finder after obtaining a title
document by which title to property is passed

22. What could be considered as sexual harassment in the work place
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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

23. Mens Rea
agreement permitting use of a trademark
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
mental state or intent part 2 of 2 for determining criminal liability

24. What determines likeliness of confusion?
must effectively try to acquire protection as well as keep the secret
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

25. Americans with disabilities act accomplishes what?
arises when customers begin to associate a specific term or phrase with specific trademarked items
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

26. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
first person to invent not file for patent
used by members of a cooperative organization to certify the quality of service or product

27. Can you be fired for whistle blowing?

28. 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?
prohibits excessive bail and fines - cruel and unusual punishment
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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

29. In order to recieve protection what must one do?
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
mistake of fact
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
must effectively try to acquire protection as well as keep the secret

30. 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
secondary meaning
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

31. Discrimination during the hiring process is acceptable when?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
entry of a plea - guilty/ not guilty

32. Do Deeds require consideration to be valid?
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
No - property gifts are common
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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

33. Candyland example?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
birth - child placement - employee health - care for spouse - child - or parent - military duty
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

34. Workers comp and negligence

35. What must a deed possess to be valid?

36. What is an easement by implication?
multiple owners of real or personal property
owners of secret must try and protect - destroy garbage
key words of a website that are used for search engines
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

37. Examples of collective marks
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

38. How is the right to use a trademark determined?
who has been using it first or filed for it first
10 year period renewable
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
criminal defense stating that a crime was necessary in preventing an even greater crime

39. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
distinctive decor - menu - style - service of an offering
probable cause
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

40. What is an easement by prescription?
given exclusive possession and control over property - and knowingly accept responsibility
criticism - use in satire - news report - use to educate
No - property gifts are common
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

41. Reasonable accommodation requirements by the ADA
intent - delivery - acceptance
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
key words of a website that are used for search engines
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

42. What is an implied warranty of habitability?
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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 property that is burdened by a profit

43. Larceny
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
taking property away from the owner with the intent of permanently removing them of ownership
generally the use of a software to perform a job or deliver product
reverse engineer - go through garbage..

44. Mistake of fact criminal defense example

45. Difference between joint tenancy and tenancy in common?
secondary meaning
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
criminal defense stating that a crime was necessary in preventing an even greater crime
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

46. What happens when land is sold that is growing crops?
crops is considered to be real property and should be considered in the sale of such property.
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
members cannot give nationals favorable treatment
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

47. Strong Marks Case Example

48. Trademark dilution
taking property away from the owner with the intent of permanently removing them of ownership
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
race - sex - national origin - color - religion
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

49. Concurrent ownership
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
multiple owners of real or personal property
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
it is a federal crime to use the us postal service to defraud others on false pretenses

50. Copyright requirements
test is originality - lasts life of creator - protection is automatic
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses