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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. Country club case
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
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
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
generally the use of a software to perform a job or deliver product

2. Employers should handle hostile environments regarding protected members of title 7 by?
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
entry of a plea - guilty/ not guilty
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

3. What is secondary meaning?
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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

4. How is the right to use a trademark determined?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
criticism - use in satire - news report - use to educate
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
who has been using it first or filed for it first

5. Secondary Meaning Example frosty treats
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
agreement permitting use of a trademark
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

6. Commercial bribery example
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
offering someone who works at a different firm money for their trade secrets
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
process of hiding the source of illegally acquired funds

7. What is an easement by implication?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

8. Title VII prevents discrimination in?

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9. The EEOC requires that victims do what before they hold employers liable?
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
first person to invent not file for patent
who has been using it first or filed for it first

10. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the 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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

11. What is an easement?
criticism - use in satire - news report - use to educate
another persons right to make limited use of another persons real property without taking anything away from the property
secondary meaning
it is a federal crime to use the us postal service to defraud others on false pretenses

12. Concurrent ownership
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
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
multiple owners of real or personal property
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

13. Napster example?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
owner of premise where it was found - after good title is acquired
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
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

14. What kind of mistake can be used as criminal defense?
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.
owners of secret must try and protect - destroy garbage
mistake of fact
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

15. What conditions are covered by the family medical leave act?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
birth - child placement - employee health - care for spouse - child - or parent - military duty
the property that will benefit from a profit
reverse engineer - go through garbage..

16. In real property law who is considered to be the servient estate?
crops is considered to be real property and should be considered in the sale of such property.
the property that is burdened by a profit
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

17. Determining disability regarding with and without equipment?
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
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
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
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

18. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

19. What composes an 'at will doctrine'
any party can terminate an employment arrangement at anytime no questions asked
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
process of hiding the source of illegally acquired funds
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

20. Possible ruling interpretations for accession cases
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 prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

21. Are commercial flights permitted to fly over private 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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
novel - useful - non obvious

22. In order to prove discrimination in hiring one has to prove?
document by which title to property is passed
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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

23. Patent Requirements
who has been using it first or filed for it first
sufficient evidence
novel - useful - non obvious
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

24. Outcome of unanimous not guilty?
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 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
offering someone who works at a different firm money for their trade secrets
cannot be tried again - no appeal

25. Generic terms can never have?
hours of employment - conditions - age of workers
members cannot give nationals favorable treatment
must effectively try to acquire protection as well as keep the secret
secondary meaning

26. Indictment requires
treble damages
criminal defense stating that a crime was necessary in preventing an even greater crime
sufficient evidence
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

27. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
crops is considered to be real property and should be considered in the sale of such property.
key words of a website that are used for search engines
secondary meaning

28. Strong Marks Case Example

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29. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
finder after obtaining a title
given exclusive possession and control over property - and knowingly accept responsibility

30. Discrimination during the hiring process is acceptable when?
a physical or mental impairment that substantially limits one or more major life activities
No - but if they find any other reason - like you have been late often than you'll probably get fired
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

31. Drake V. Walton County regarding the county taking property
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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.
generally the use of a software to perform a job or deliver product
fraudulent miss-use of funds that have been entrusted to them

32. In order for a disability to be legally recognized what must exist?
fraudulent miss-use of funds that have been entrusted to them
any party can terminate an employment arrangement at anytime no questions asked
sexual harassment is protected under title 7 because it effects genders differently in the workplace
record of such condition - being regarded as actually having a condition

33. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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

34. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
multiple owners of real or personal property

35. What terminates an easement?
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
No - property gifts are common
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

36. What is the purpose of the adverse possession doctrine?
a warranty that the buyer will not be disturbed in their possession of the land
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

37. Collective mark
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
used by members of a cooperative organization to certify the quality of service or product
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

38. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
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
secondary meaning
birth - child placement - employee health - care for spouse - child - or parent - military duty
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

39. What is the determining issue when proving entrapment?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
multiple owners of real or personal property
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
breaking into a residence with the intent of performing a felony. this is a crime against property.

40. Sexual harassment is treated as what?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
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
test is originality - lasts life of creator - protection is automatic

41. Robbery
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
allows for use of copyrighted material under certain guidelines

42. Meta tags
key words of a website that are used for search engines
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
the property that is burdened by a profit
obtaining ownership by living on anothers property

43. Gold club corporate criminal liability example?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
generally the use of a software to perform a job or deliver product
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

44. What is the result of a mistrial or a hung jury?
record of such condition - being regarded as actually having a condition
streamlines and standardizes the processes for applying for a trademark abroad
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 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

45. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
sally would possess an easement in this case - the right to travel across property owner peter's land
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

46. 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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
conditional gifts that are only accepted upon the performance of marriage
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

47. Constructive bailments are?

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48. Trademarks are good for? are they renewable
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
10 year period renewable
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

49. What uses fall under the fair use doctrine?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
another persons right to make limited use of another persons real property without taking anything away from the property
criticism - use in satire - news report - use to educate
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

50. Do Deeds require consideration to be valid?
No - property gifts are common
20 years from filing
reverse engineer - go through garbage..
race - sex - national origin - color - religion