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

2. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
property of one person rightfully in possession of another - custody
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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

3. Do Deeds require consideration to be valid?
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
No - property gifts are common
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

4. The EEOC requires that victims do what before they hold employers liable?
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
20 years from filing
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

5. What kind of mistake can be used as criminal defense?
a physical or mental impairment that substantially limits one or more major life activities
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
mental state or intent part 2 of 2 for determining criminal liability
mistake of fact

6. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
secondary meaning
obtaining ownership by living on anothers property

7. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
secondary meaning
sexual harassment is protected under title 7 because it effects genders differently in the workplace
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

8. Significance of coca-cola V. koke Co of America
entry of a plea - guilty/ not guilty
document by which title to property is passed
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
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

9. Patents allow for the owner to?
the property that will benefit from a profit
a warranty that the buyer will not be disturbed in their possession of the land
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

10. Dominion
ownership rights to property
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
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

11. 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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
20 years from filing

12. Collective mark
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
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

13. Patent Requirements
novel - useful - non obvious
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
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
10 years and it is renewable

14. Sexual harassment is treated as what?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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 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

15. Can you be fired for whistle blowing?

16. Secondary Meaning Example frosty treats
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
10 years and it is renewable
key words of a website that are used for search engines

17. Joint tenancy
agreement permitting use of a trademark
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
breaking into a residence with the intent of performing a felony. this is a crime against property.

18. Facts to be used in the fair use standard are?
streamlines and standardizes the processes for applying for a trademark abroad
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
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

19. What is the difference between real and personal property?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
breaking into a residence with the intent of performing a felony. this is a crime against property.
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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

20. Outcome of a unanimous guilty verdict?
members cannot give nationals favorable treatment
can appeal - subject to new trial
novel - useful - non obvious
criticism - use in satire - news report - use to educate

21. What terminates an easement?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

22. Determining disability regarding with and without equipment?
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
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
ownership rights to property
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

23. What is a warranty deed?
offering someone who works at a different firm money for their trade secrets
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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

24. Engagement rings are considered to be?
distinctive decor - menu - style - service of an offering
allows for use of copyrighted material under certain guidelines
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
conditional gifts that are only accepted upon the performance of marriage

25. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
novel - useful - non obvious
first person to invent not file for patent

26. The WARN act calls for what?
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
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
prohibits excessive bail and fines - cruel and unusual punishment
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

27. Triple amount of damages definition
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
treble damages
crops is considered to be real property and should be considered in the sale of such property.
mental state or intent part 2 of 2 for determining criminal liability

28. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
sexual harassment is protected under title 7 because it effects genders differently in the workplace
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

29. How long are patents protected?
20 years from filing
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
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

30. What conditions are covered by the family medical leave act?
sufficient evidence
birth - child placement - employee health - care for spouse - child - or parent - military duty
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
cannot be tried again - no appeal

31. Americans with disabilities act accomplishes what?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
treble damages

32. What is a conveyance?
a physical or mental impairment that substantially limits one or more major life activities
document by which title to property is passed
a deed that transfers interest in a life estate from one to another
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

33. What is an easement by implication?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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

34. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
proven that the continued use of the license could confuse consumers as to where the trademark came from which would cause damages - proven by little rest's advertisement of their affiliation
a deed that transfers interest in a life estate from one to another

35. Meta tags
first person to invent not file for patent
distinctive decor - menu - style - service of an offering
key words of a website that are used for search engines
No - they are considered to be goods and is governed by the uniform commercial code

36. Example of an exception to the at will doctrine based on contract theory
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
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

37. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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

38. Burglary
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
hours of employment - conditions - age of workers
breaking into a residence with the intent of performing a felony. this is a crime against property.

39. Bailments are?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
property of one person rightfully in possession of another - custody
any party can terminate an employment arrangement at anytime no questions asked
entry of a plea - guilty/ not guilty

40. 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
it is a federal crime to use the us postal service to defraud others on false pretenses
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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

41. What is the result of a mistrial or a hung jury?
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
a deed that transfers interest in a life estate from one to another
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

42. Employers should handle hostile environments regarding protected members of title 7 by?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
10 year period renewable
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

43. Constructive bailments are?

44. Darst V. Interstate Brands Corp. regarding family and medical leave rights
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
this for that - sexual favors - general conduct however one incident is not enough
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

45. The madrid protocol accomplishes what?
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
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
streamlines and standardizes the processes for applying for a trademark abroad

46. Napster example?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
signed by hundreds of countries that establishes standards for the international protection of intellectual property
property of one person rightfully in possession of another - custody
first person to invent not file for patent

47. Arraignment is what?
must effectively try to acquire protection as well as keep the secret
10 years and it is renewable
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
entry of a plea - guilty/ not guilty

48. Are commercial flights permitted to fly over private property?
prohibits excessive bail and fines - cruel and unusual punishment
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 will benefit from a profit
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

49. Tenancy in common
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
a physical or mental impairment that substantially limits one or more major life activities
generally the use of a software to perform a job or deliver product
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

50. 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
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
first person to invent not file for patent
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