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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. How long are patents protected?
20 years from filing
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

2. In order for a disability to be legally recognized what must exist?
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
owners of secret must try and protect - destroy garbage
record of such condition - being regarded as actually having a condition

3. Candyland example?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
given exclusive possession and control over property - and knowingly accept responsibility

4. Counterfeiting example? regarding punishment
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
defendent pleaded guilty to using the zig zag name to sell inferior product and was sentenced to prison and to only pay damages equal to the actual sellers of zig zag
who has been using it first or filed for it first
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

5. Arraignment is what?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
taking property away from the owner with the intent of permanently removing them of ownership
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
entry of a plea - guilty/ not guilty

6. What is retaliatory discharge?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
distinctive decor - menu - style - service of an offering
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

7. What is can be considered trade dress?
conditional gifts that are only accepted upon the performance of marriage
distinctive decor - menu - style - service of an offering
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
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

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

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9. Mens Rea
can appeal - subject to new trial
must effectively try to acquire protection as well as keep the secret
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
mental state or intent part 2 of 2 for determining criminal liability

10. Meta tag example about terri welles
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
classic stone corp. owns a profit in gross - and cannot transfer this right to another
No - they are considered to be goods and is governed by the uniform commercial code

11. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
mistake of fact
breaking into a residence with the intent of performing a felony. this is a crime against property.

12. In order to prove discrimination in hiring one has to prove?
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
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

13. 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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14. Country club case
it rewards citizens for putting land to good use rather than just sitting on expanses of property
the corporation could have prevented such acts
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
can appeal - subject to new trial

15. Examples of collective marks
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
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

16. Discrimination during the hiring process is acceptable when?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
offering someone who works at a different firm money for their trade secrets
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
owner of premise where it was found - after good title is acquired

17. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
birth - child placement - employee health - care for spouse - child - or parent - military duty
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
voluntarily parted with at the time - but then later tries to find it

18. What is legally a disability?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
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.

19. Indictment requires
sufficient evidence
race - sex - national origin - color - religion
taking property away from the owner with the intent of permanently removing them of ownership
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

20. Purpose of criminal penalties?
owner of premise where it was found - after good title is acquired
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
allows for use of copyrighted material under certain guidelines
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

21. Embezzlement
offering someone who works at a different firm money for their trade secrets
reverse engineer - go through garbage..
fraudulent miss-use of funds that have been entrusted to them
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

22. 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
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
20 years from filing
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

23. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
voluntarily parted with at the time - but then later tries to find it
birth - child placement - employee health - care for spouse - child - or parent - military duty

24. What terminates an easement?
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
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
mistake of fact

25. In the united states who gets the patent if there is a conflict?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
first person to invent not file for patent
novel - useful - non obvious

26. What is a conveyance?
intent - delivery - acceptance
a deed that transfers interest in a life estate from one to another
reverse engineer - go through garbage..
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

27. Roman Catholic Church V. Prince Reality Management regarding a license?
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
entry of a plea - guilty/ not guilty
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

28. Example of an exception to the at will doctrine based on contract theory
cannot be tried again - no appeal
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
prohibits excessive bail and fines - cruel and unusual punishment

29. The WARN act calls for what?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
the property that will benefit from a profit
who has been using it first or filed for it first
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

30. Workers comp and negligence

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31. Mislaid property
10 year period renewable
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
voluntarily parted with at the time - but then later tries to find it
entry of a plea - guilty/ not guilty

32. Money laundering
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
intent when attached and will item be damaged because of removal? hard to determine
test is originality - lasts life of creator - protection is automatic
process of hiding the source of illegally acquired funds

33. Mistake of fact criminal defense example

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34. Joint tenancy
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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

35. What protection does the 8th amendment provide?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
prohibits excessive bail and fines - cruel and unusual punishment
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

36. Trademarks are good for? are they renewable
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
this for that - sexual favors - general conduct however one incident is not enough
a physical or mental impairment that substantially limits one or more major life activities
10 year period renewable

37. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
hours of employment - conditions - age of workers
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
the right to enter onto another persons property with the intentions of removing something valuable

38. Example of an exception to the at will doctrine based on tort theory
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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

39. Estray statutes encourage what?
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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

40. Larceny
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

41. What uses fall under the fair use doctrine?
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
criticism - use in satire - news report - use to educate
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.

42. Employers should handle hostile environments regarding protected members of title 7 by?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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.
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

43. What is a Deed
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
allows for use of copyrighted material under certain guidelines
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
document by which title to property is passed

44. Cybersquatting
mental state or intent part 2 of 2 for determining criminal liability
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
fraudulent miss-use of funds that have been entrusted to them
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

45. Fair use doctrine
first person to invent not file for patent
conditional gifts that are only accepted upon the performance of marriage
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
allows for use of copyrighted material under certain guidelines

46. Napster example?
generally the use of a software to perform a job or deliver product
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
intent - delivery - acceptance

47. How can someone legally acquire trade secrets?
reverse engineer - go through garbage..
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

48. Tenancy by the entirety - or community ownership
10 years and it is renewable
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
streamlines and standardizes the processes for applying for a trademark abroad
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. The Berne Convention
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
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

50. What protection does the 6th amendment provide?
cannot be tried again - no appeal
first person to invent not file for patent
process of hiding the source of illegally acquired funds
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel