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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. What is retaliatory discharge?
generally the use of a software to perform a job or deliver product
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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 - the particular presentation of known facts in the yellow pages for example is copyrightable

2. Examples of collective marks
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
key words of a website that are used for search engines
prohibits excessive bail and fines - cruel and unusual punishment
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

3. What is not copyrightable?
owners of secret must try and protect - destroy garbage
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
distinctive decor - menu - style - service of an offering
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

4. How can you come to possess land through adverse possession?
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
mental state or intent part 2 of 2 for determining criminal liability
intent - delivery - acceptance
a warranty that the buyer will not be disturbed in their possession of the land

5. What is Actus Reus
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
a deed that transfers interest in a life estate from one to another

6. What is a covenant of quiet enjoyment?
intent - delivery - acceptance
a warranty that the buyer will not be disturbed in their possession of the land
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
owner of premise where it was found - after good title is acquired

7. What is a conveyance?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
the corporation could have prevented such acts
a deed that transfers interest in a life estate from one to another

8. Patents allow for the owner to?
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
multiple owners of real or personal property

9. Strong Marks Case Example

10. Burglary
crops is considered to be real property and should be considered in the sale of such property.
intent when attached and will item be damaged because of removal? hard to determine
work for a company with more than 50 employees - employed for a year - and must try to give notice
breaking into a residence with the intent of performing a felony. this is a crime against property.

11. Copyright requirements
voluntarily parted with at the time - but then later tries to find it
given exclusive possession and control over property - and knowingly accept responsibility
race - sex - national origin - color - religion
test is originality - lasts life of creator - protection is automatic

12. What composes RICO?
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
finder after obtaining a title
treble damages
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

13. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
birth - child placement - employee health - care for spouse - child - or parent - military duty
property of one person rightfully in possession of another - custody
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

14. What is a job offer?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
sexual harassment is protected under title 7 because it effects genders differently in the workplace
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

15. Business process patents involve?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
generally the use of a software to perform a job or deliver product
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

16. Concurrent ownership
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
multiple owners of real or personal property
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
who has been using it first or filed for it first

17. Commercial bribery example
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
offering someone who works at a different firm money for their trade secrets
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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

18. Bailments are?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
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.

19. Significance of coca-cola V. koke Co of America
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
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 - but if they find any other reason - like you have been late often than you'll probably get fired

20. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
20 years from filing
distinctive decor - menu - style - service of an offering

21. How long are patents protected?
record of such condition - being regarded as actually having a condition
treble damages
20 years from filing
conditional gifts that are only accepted upon the performance of marriage

22. Do Deeds require consideration to be valid?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
No - property gifts are common
signed by hundreds of countries that establishes standards for the international protection of intellectual property
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

23. Mens Rea
intent when attached and will item be damaged because of removal? hard to determine
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
sufficient evidence
mental state or intent part 2 of 2 for determining criminal liability

24. Triple amount of damages definition
a prohibited act. performance of such act is 1 part 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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
treble damages

25. Outcome of a unanimous guilty verdict?
secondary meaning
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
can appeal - subject to new trial
given exclusive possession and control over property - and knowingly accept responsibility

26. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
No - property gifts are common
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

27. What must a deed possess to be valid?

28. What is an easement?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
another persons right to make limited use of another persons real property without taking anything away from the property
owner of premise where it was found - after good title is acquired

29. Mislaid property
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
voluntarily parted with at the time - but then later tries to find it
treble damages

30. Are commercial flights permitted to fly over private property?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
finder after obtaining a title
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
used by members of a cooperative organization to certify the quality of service or product

31. How are trade secrets treated and protected?
used by members of a cooperative organization to certify the quality of service or product
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
owners of secret must try and protect - destroy garbage

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

33. Gold club corporate criminal liability example?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
can appeal - subject to new trial

34. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?

35. Fair use doctrine
allows for use of copyrighted material under certain guidelines
entry of a plea - guilty/ not guilty
used by members of a cooperative organization to certify the quality of service or product
breaking into a residence with the intent of performing a felony. this is a crime against property.

36. How is the right to use a trademark determined?
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
who has been using it first or filed for it first
work for a company with more than 50 employees - employed for a year - and must try to give notice
this for that - sexual favors - general conduct however one incident is not enough

37. Drake V. Walton County regarding the county taking property
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.
this for that - sexual favors - general conduct however one incident is not enough
novel - useful - non obvious
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

38. The Berne Convention
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
treble damages
allows for use of copyrighted material under certain guidelines

39. What is the determining issue when proving entrapment?
voluntarily parted with at the time - but then later tries to find it
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
must effectively try to acquire protection as well as keep the secret

40. Facts to be used in the fair use standard are?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
offering someone who works at a different firm money for their trade secrets
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
treble damages

41. Derivative work
distinctive decor - menu - style - service of an offering
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
first person to invent not file for patent
can appeal - subject to new trial

42. What terminates an easement?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
streamlines and standardizes the processes for applying for a trademark abroad
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

43. Reasonable accommodation requirements by the ADA
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 be required to spend money to adapt a job - so long as reasonable hardship is not caused
any party can terminate an employment arrangement at anytime no questions asked
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

44. What is secondary meaning?
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
another persons right to make limited use of another persons real property without taking anything away from the property
arises when customers begin to associate a specific term or phrase with specific trademarked items

45. 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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
finder after obtaining a title

46. Are compilation of facts copyrightable? case example
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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

47. Workers comp and negligence

48. Fair labor standards act covers issues such as?
voluntarily parted with at the time - but then later tries to find it
No - they are considered to be goods and is governed by the uniform commercial code
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
hours of employment - conditions - age of workers

49. Sambucks vs. starbucks
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
used by members of a cooperative organization to certify the quality of service or product

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