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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. Meta tags
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
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

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

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3. What is Actus Reus
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
No - they are considered to be goods and is governed by the uniform commercial code
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

4. Remedies for patent infringement
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
sufficient evidence
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
it is a federal crime to use the us postal service to defraud others on false pretenses

5. Estray statutes encourage what?
work for a company with more than 50 employees - employed for a year - and must try to give notice
prohibits excessive bail and fines - cruel and unusual punishment
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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

6. The Berne Convention
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
another persons right to make limited use of another persons real property without taking anything away from the property
No - they are considered to be goods and is governed by the uniform commercial code
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

7. Copyright requirements
test is originality - lasts life of creator - protection is automatic
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
10 year period renewable

8. Bailments are?
property of one person rightfully in possession of another - custody
test is originality - lasts life of creator - protection is automatic
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
members cannot give nationals favorable treatment

9. How long is a trademark protected? is it renewable
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
10 years and it is renewable

10. When property is found who gets property when it was abondoned?
multiple owners of real or personal property
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
criminal defense stating that a crime was necessary in preventing an even greater crime
finder after obtaining a title

11. What is an easement?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
No - property gifts are common
another persons right to make limited use of another persons real property without taking anything away from the property

12. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
No - property gifts are common
property of one person rightfully in possession of another - custody
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

13. Trademark dilution
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
multiple owners of real or personal property
it is a federal crime to use the us postal service to defraud others on false pretenses

14. What is a Deed
document by which title to property is passed
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
treble damages
novel - useful - non obvious

15. Examples of collective marks
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.
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

16. What could be considered as sexual harassment in the work place
probable cause
this for that - sexual favors - general conduct however one incident is not enough
allows for use of copyrighted material under certain guidelines
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

17. What is an implied warranty of habitability?
criminal defense stating that a crime was necessary in preventing an even greater crime
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
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

18. Robbery
criticism - use in satire - news report - use to educate
work for a company with more than 50 employees - employed for a year - and must try to give notice
probable cause
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

19. Fair use is limited to?
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
who has been using it first or filed for it first
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

20. Example of an exception to the at will doctrine based on tort theory
owners of secret must try and protect - destroy garbage
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
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.
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

21. Fair labor standards act covers issues such as?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
hours of employment - conditions - age of workers
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
race - sex - national origin - color - religion

22. What happens when land is sold that is growing crops?
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
crops is considered to be real property and should be considered in the sale of such property.
a deed that transfers interest in a life estate from one to another
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

23. What is protected expression?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
distinctive decor - menu - style - service of an offering
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

24. What composes an 'at will doctrine'
a warranty that the buyer will not be disturbed in their possession of the land
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
any party can terminate an employment arrangement at anytime no questions asked

25. What conditions are covered by the family medical leave act?
owner of premise where it was found - after good title is acquired
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
key words of a website that are used for search engines
birth - child placement - employee health - care for spouse - child - or parent - military duty

26. Certification mark
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
sufficient evidence
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
given exclusive possession and control over property - and knowingly accept responsibility

27. Embezzlement
allows for use of copyrighted material under certain guidelines
record of such condition - being regarded as actually having a condition
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
fraudulent miss-use of funds that have been entrusted to them

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

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29. Burglary
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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

30. How long are patents protected?
members cannot give nationals favorable treatment
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
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
20 years from filing

31. The WARN act calls for what?
record of such condition - being regarded as actually having a condition
probable cause
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
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

32. Difference between joint tenancy and tenancy in common?
key words of a website that are used for search engines
property of one person rightfully in possession of another - custody
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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

33. What are the requirements for adverse possession to be recognized?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

34. What is legally a disability?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
secondary meaning
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
a physical or mental impairment that substantially limits one or more major life activities

35. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
secondary meaning
voluntarily parted with at the time - but then later tries to find it
signed by hundreds of countries that establishes standards for the international protection of intellectual property
the property that is burdened by a profit

36. TRIPS agreement
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
signed by hundreds of countries that establishes standards for the international protection of intellectual property
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

37. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
a warranty that the buyer will not be disturbed in their possession of the land
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
the corporation could have prevented such acts

38. Meta tag example about terri welles
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

39. Joint tenancy
used by members of a cooperative organization to certify the quality of service or product
sexual harassment is protected under title 7 because it effects genders differently in the workplace
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

40. In real property law who is considered to be the dominant estate?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
the property that will benefit from a profit
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

41. Mail Fraud Act of 1990 is what?
prohibits excessive bail and fines - cruel and unusual punishment
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
it is a federal crime to use the us postal service to defraud others on false pretenses
sufficient evidence

42. Counterfeiting example? regarding punishment
race - sex - national origin - color - religion
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
owner of premise where it was found - after good title is acquired

43. Can you be fired for whistle blowing?

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44. Mens Rea
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
process of hiding the source of illegally acquired funds
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
mental state or intent part 2 of 2 for determining criminal liability

45. What must a deed possess to be valid?

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46. Patent Requirements
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
novel - useful - non obvious
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
ownership rights to property

47. Gold club corporate criminal liability 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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
owner of premise where it was found - after good title is acquired
breaking into a residence with the intent of performing a felony. this is a crime against property.

48. Duress criminal defense
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
the right to enter onto another persons property with the intentions of removing something valuable
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

49. What protection does the 6th amendment provide?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
it is a federal crime to use the us postal service to defraud others on false pretenses
streamlines and standardizes the processes for applying for a trademark abroad
property of one person rightfully in possession of another - custody

50. What is the result of a mistrial or a hung jury?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
cannot be tried again - no appeal
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
entry of a plea - guilty/ not guilty