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Business Law Yale

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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. In real property law who is considered to be the servient estate?
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
this for that - sexual favors - general conduct however one incident is not enough
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
the property that is burdened by a profit

2. Example of an exception to the at will doctrine based on contract theory
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
mistake of fact
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

3. What is a Deed
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
multiple owners of real or personal property
document by which title to property is passed

4. What is retaliatory discharge?
it is a federal crime to use the us postal service to defraud others on false pretenses
a physical or mental impairment that substantially limits one or more major life activities
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

5. What terminates an easement?
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
streamlines and standardizes the processes for applying for a trademark abroad

6. Burglary
reverse engineer - go through garbage..
can appeal - subject to new trial
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
breaking into a residence with the intent of performing a felony. this is a crime against property.

7. Derivative work
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
first person to invent not file for patent

8. Service mark
the corporation could have prevented such acts
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
signed by hundreds of countries that establishes standards for the international protection of intellectual 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.

9. What is a profit under real property law?
who has been using it first or filed for it first
signed by hundreds of countries that establishes standards for the international protection of intellectual property
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
the right to enter onto another persons property with the intentions of removing something valuable

10. TRIPS agreement
classic stone corp. owns a profit in gross - and cannot transfer this right to another
generally the use of a software to perform a job or deliver product
test is originality - lasts life of creator - protection is automatic
signed by hundreds of countries that establishes standards for the international protection of intellectual property

11. What conditions are covered by the family medical leave act?
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
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

12. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
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
secondary meaning

13. In order to receive protection under the family medical leave act - one must?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
record of such condition - being regarded as actually having a condition
multiple owners of real or personal property
work for a company with more than 50 employees - employed for a year - and must try to give notice

14. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

15. Title VII protected categories?
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
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
race - sex - national origin - color - religion
intent when attached and will item be damaged because of removal? hard to determine

16. 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
crops is considered to be real property and should be considered in the sale of such property.
first person to invent not file for patent
another persons right to make limited use of another persons real property without taking anything away from the property

17. In order to prove discrimination in hiring one has to prove?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
cannot be tried again - no appeal
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

18. What kind of mistake can be used as criminal defense?
process of hiding the source of illegally acquired funds
mistake of fact
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
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

19. Mail Fraud Act of 1990 is what?
No - they are considered to be goods and is governed by the uniform commercial code
it is a federal crime to use the us postal service to defraud others on false pretenses
sexual harassment is protected under title 7 because it effects genders differently in the workplace
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

20. Employers should handle hostile environments regarding protected members of title 7 by?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

21. What is a warranty deed?
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
race - sex - national origin - color - religion
property of one person rightfully in possession of another - custody

22. What protection does the 8th amendment provide?
the property that will benefit from a profit
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
prohibits excessive bail and fines - cruel and unusual punishment
finder after obtaining a title

23. Significance of coca-cola V. koke Co of America
secondary meaning
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
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
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

24. Mislaid property
voluntarily parted with at the time - but then later tries to find it
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
secondary meaning
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

25. 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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26. Commercial bribery example
classic stone corp. owns a profit in gross - and cannot transfer this right to another
the property that is burdened by a profit
offering someone who works at a different firm money for their trade secrets
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

27. Is it a fixture?
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
intent when attached and will item be damaged because of removal? hard to determine
a deed that transfers interest in a life estate from one to another
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

28. What is the result of a mistrial or a hung jury?
this for that - sexual favors - general conduct however one incident is not enough
voluntarily parted with at the time - but then later tries to find it
obtaining ownership by living on anothers property
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

29. Outcome of unanimous not guilty?
probable cause
cannot be tried again - no appeal
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

30. What are some criminal defenses
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.
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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

31. What is an easement?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
given exclusive possession and control over property - and knowingly accept responsibility
arises when customers begin to associate a specific term or phrase with specific trademarked items
another persons right to make limited use of another persons real property without taking anything away from the property

32. What protection does the 6th amendment provide?
test is originality - lasts life of creator - protection is automatic
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
race - sex - national origin - color - religion
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

33. How can someone legally acquire trade secrets?
reverse engineer - go through garbage..
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

34. Americans with disabilities act accomplishes what?
fraudulent miss-use of funds that have been entrusted to them
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
crops is considered to be real property and should be considered in the sale of such property.

35. Examples of collective marks
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
10 years and it is renewable
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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

36. What determines likeliness of confusion?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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

37. 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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
secondary meaning
any party can terminate an employment arrangement at anytime no questions asked

38. What is the purpose of the adverse possession doctrine?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

39. Workers comp and negligence

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40. What are the requirements for adverse possession to be recognized?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
a physical or mental impairment that substantially limits one or more major life activities
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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

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

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42. Attorney client privilege accomplishes what?
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
used by members of a cooperative organization to certify the quality of service or product
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

43. Are compilation of facts copyrightable? case example
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
taking property away from the owner with the intent of permanently removing them of ownership
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

44. In order to recieve protection what must one do?
test is originality - lasts life of creator - protection is automatic
prohibits excessive bail and fines - cruel and unusual punishment
must effectively try to acquire protection as well as keep the secret
it is a federal crime to use the us postal service to defraud others on false pretenses

45. Money laundering
process of hiding the source of illegally acquired funds
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
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

46. Collective mark
used by members of a cooperative organization to certify the quality of service or product
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
conditional gifts that are only accepted upon the performance of marriage
generally the use of a software to perform a job or deliver product

47. Gold club corporate criminal liability example?
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
taking property away from the owner with the intent of permanently removing them of ownership

48. Certification mark
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
No - but if they find any other reason - like you have been late often than you'll probably get fired

49. In order for a disability to be legally recognized what must exist?
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
record of such condition - being regarded as actually having a condition
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
owners of secret must try and protect - destroy garbage

50. What is secondary meaning?
No - property gifts are common
finder after obtaining a title
arises when customers begin to associate a specific term or phrase with specific trademarked items
secondary meaning

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