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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. How long is a trademark protected? is it renewable
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
sally would possess an easement in this case - the right to travel across property owner peter's land
10 years and it is renewable

2. Attorney client privilege accomplishes what?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
members cannot give nationals favorable treatment
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

3. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

4. Workers comp and negligence

5. Possible ruling interpretations for accession cases
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
property of one person rightfully in possession of another - custody

6. Patent Requirements
multiple owners of real or personal property
novel - useful - non obvious
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
given exclusive possession and control over property - and knowingly accept responsibility

7. What is not copyrightable?
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
mental state or intent part 2 of 2 for determining criminal liability

8. What composes RICO?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

9. Employers should handle hostile environments regarding protected members of title 7 by?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
criminal defense stating that a crime was necessary in preventing an even greater crime
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

10. Meta tags
owner of premise where it was found - after good title is acquired
key words of a website that are used for search engines
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
streamlines and standardizes the processes for applying for a trademark abroad

11. Responsible corporate officer doctrine?
No - but if they find any other reason - like you have been late often than you'll probably get fired
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
this for that - sexual favors - general conduct however one incident is not enough

12. Steps to determining trademark infringement?
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
No - property gifts are common
mistake of fact
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

13. What must a deed possess to be valid?

14. Fair labor standards act covers issues such as?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
hours of employment - conditions - age of workers
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

15. Remedies for patent infringement
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
cannot be tried again - no appeal

16. How can you come to possess land through adverse possession?
intent - delivery - acceptance
streamlines and standardizes the processes for applying for a trademark abroad
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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

17. How is the right to use a trademark determined?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
who has been using it first or filed for it first
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

18. Secondary Meaning Example frosty treats
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
another persons right to make limited use of another persons real property without taking anything away from the property

19. In order to receive protection under the family medical leave act - one must?
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
document by which title to property is passed
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

20. What is an implied warranty of habitability?
mental state or intent part 2 of 2 for determining criminal liability
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
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

21. What is the result of a mistrial or a hung jury?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
document by which title to property is passed
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

22. Duress criminal defense
birth - child placement - employee health - care for spouse - child - or parent - military duty
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

23. Constructive bailments are?

24. Significance of coca-cola V. koke Co of America
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
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
breaking into a residence with the intent of performing a felony. this is a crime against property.

25. Darst V. Interstate Brands Corp. regarding family and medical leave rights
signed by hundreds of countries that establishes standards for the international protection of intellectual property
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
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

26. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
allows for use of copyrighted material under certain guidelines
finder after obtaining a title
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

27. The WARN act calls for what?
first person to invent not file for patent
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

28. What could be considered as sexual harassment in the work place
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
key words of a website that are used for search engines
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
this for that - sexual favors - general conduct however one incident is not enough

29. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
any party can terminate an employment arrangement at anytime no questions asked
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
mental state or intent part 2 of 2 for determining criminal liability

30. What happens when land is sold that is growing crops?
crops is considered to be real property and should be considered in the sale of such property.
voluntarily parted with at the time - but then later tries to find it
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
the property that is burdened by a profit

31. A woman checks her coat at a restaurant - and when she gets her coat back her expensive necklace is gone - can the woman sue the restaurant?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
novel - useful - non obvious
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
secondary meaning

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

33. When property is found who gets property when it was abondoned?
ownership rights to property
finder after obtaining a title
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
sufficient evidence

34. Example of an exception to the at will doctrine based on contract theory
record of such condition - being regarded as actually having a condition
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
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

35. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
allows for use of copyrighted material under certain guidelines
treble damages
intent when attached and will item be damaged because of removal? hard to determine

36. Fair use doctrine
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
the right to enter onto another persons property with the intentions of removing something valuable
allows for use of copyrighted material under certain guidelines

37. Are crops real property when they are sold?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
it is a federal crime to use the us postal service to defraud others on false pretenses
No - they are considered to be goods and is governed by the uniform commercial code

38. What is the purpose of the adverse possession doctrine?
10 year period renewable
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
it rewards citizens for putting land to good use rather than just sitting on expanses of property
finder after obtaining a title

39. What is retaliatory discharge?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
any party can terminate an employment arrangement at anytime no questions asked
cannot be tried again - no appeal
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

40. The madrid protocol accomplishes what?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
birth - child placement - employee health - care for spouse - child - or parent - military duty
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
streamlines and standardizes the processes for applying for a trademark abroad

41. Candyland example?
offering someone who works at a different firm money for their trade secrets
process of hiding the source of illegally acquired funds
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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

42. What protection does the 8th amendment provide?
reverse engineer - go through garbage..
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
prohibits excessive bail and fines - cruel and unusual punishment

43. Are commercial flights permitted to fly over private property?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
the right to enter onto another persons property with the intentions of removing something valuable
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.
criminal defense stating that a crime was necessary in preventing an even greater crime

44. How are trade secrets treated and protected?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
allows for use of copyrighted material under certain guidelines
owners of secret must try and protect - destroy garbage
classic stone corp. owns a profit in gross - and cannot transfer this right to another

45. In order to prove discrimination in hiring one has to prove?
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
the property that is burdened by a profit
document by which title to property is passed
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

46. Trademarks are good for? are they renewable
owner of premise where it was found - after good title is acquired
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 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
10 year period renewable

47. Requirements of a bailement
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
given exclusive possession and control over property - and knowingly accept responsibility
classic stone corp. owns a profit in gross - and cannot transfer this right to another
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

48. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
agreement permitting use of a trademark

49. What is a Deed
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
must effectively try to acquire protection as well as keep the secret
document by which title to property is passed
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

50. Purpose of criminal penalties?
race - sex - national origin - color - religion
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks