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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. Steps to determining trademark infringement?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
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
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

2. Concurrent ownership
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
multiple owners of real or personal property
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
a physical or mental impairment that substantially limits one or more major life activities

3. Responsible corporate officer doctrine?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
work for a company with more than 50 employees - employed for a year - and must try to give notice
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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

4. Arrest requires
probable cause
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

5. Americans with disabilities act accomplishes what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
20 years from filing

6. Requirements of a bailement
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
generally the use of a software to perform a job or deliver product
given exclusive possession and control over property - and knowingly accept responsibility

7. Meta tag example about terri welles
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
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

8. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
No - but if they find any other reason - like you have been late often than you'll probably get fired
the corporation could have prevented such acts

9. Engagement rings are considered to be?
test is originality - lasts life of creator - protection is automatic
ownership rights to property
conditional gifts that are only accepted upon the performance of marriage
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

10. Strong Marks Case Example

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11. What is can be considered trade dress?
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
distinctive decor - menu - style - service of an offering
owners of secret must try and protect - destroy garbage
generally the use of a software to perform a job or deliver product

12. Dominion
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
distinctive decor - menu - style - service of an offering
ownership rights to 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

13. Business process patents involve?
agreement permitting use of a trademark
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
generally the use of a software to perform a job or deliver product

14. What is protected expression?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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

15. How long is a trademark protected? is it renewable
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
used by members of a cooperative organization to certify the quality of service or product
test is originality - lasts life of creator - protection is automatic
10 years and it is renewable

16. Napster example?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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

17. When property is found that was mislaid who owns it?
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
owner of premise where it was found - after good title is acquired
20 years from filing
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

18. Can you be fired for whistle blowing?

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19. Copyright requirements
classic stone corp. owns a profit in gross - and cannot transfer this right to another
sufficient evidence
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
test is originality - lasts life of creator - protection is automatic

20. Significance of coca-cola V. koke Co of America
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 movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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

21. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

22. What is an implied warranty of habitability?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

23. Indictment requires
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
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
sufficient evidence

24. What terminates an easement?
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

25. Fair labor standards act covers issues such as?
10 years and it is renewable
hours of employment - conditions - age of workers
a warranty that the buyer will not be disturbed in their possession of the land
distinctive decor - menu - style - service of an offering

26. Drake V. Walton County regarding the county taking property
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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.

27. Tenancy by the entirety - or community ownership
voluntarily parted with at the time - but then later tries to find it
process of hiding the source of illegally acquired funds
members cannot give nationals favorable treatment
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

28. What conditions are covered by the family medical leave act?
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

29. What is a license considered to be in real property law?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

30. What is an easement by prescription?
any party can terminate an employment arrangement at anytime no questions asked
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
reverse engineer - go through garbage..
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

31. 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
crops is considered to be real property and should be considered in the sale of such property.
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
prohibits excessive bail and fines - cruel and unusual punishment

32. What is the result of a mistrial or a hung jury?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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

33. Example of an exception to the at will doctrine based on tort theory
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
first person to invent not file for patent
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

34. Candyland example?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
cannot be tried again - no appeal
entry of a plea - guilty/ not guilty
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

35. Title VII protected categories?
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
process of hiding the source of illegally acquired funds
race - sex - national origin - color - religion
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

36. What protection does the 6th amendment provide?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

37. Possible ruling interpretations for accession cases
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
No - they are considered to be goods and is governed by the uniform commercial code

38. Remedies for patent infringement
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
a deed that transfers interest in a life estate from one to another
key words of a website that are used for search engines

39. Tenancy in common
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
streamlines and standardizes the processes for applying for a trademark abroad
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

40. What could be considered as sexual harassment in the work place
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
this for that - sexual favors - general conduct however one incident is not enough
key words of a website that are used for search engines
taking property away from the owner with the intent of permanently removing them of ownership

41. Facts to be used in the fair use standard are?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
conditional gifts that are only accepted upon the performance of marriage

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

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43. Example of an exception to the at will doctrine based on contract theory
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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

44. In order for a disability to be legally recognized what must exist?
record of such condition - being regarded as actually having a condition
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

45. Reasonable accommodation requirements by the ADA
10 year period renewable
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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

46. 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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
signed by hundreds of countries that establishes standards for the international protection of intellectual property

47. Attorney client privilege accomplishes what?
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
a warranty that the buyer will not be disturbed in their possession of the land

48. What kind of mistake can be used as criminal defense?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
entry of a plea - guilty/ not guilty
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
mistake of fact

49. Bailments are?
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.
property of one person rightfully in possession of another - custody
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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

50. 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?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
novel - useful - non obvious
distinctive decor - menu - style - service of an offering