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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 are patents protected?
20 years from filing
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
first person to invent not file for patent
race - sex - national origin - color - religion

2. What is a job offer?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
living on another persons property - obviously - using the land for a specified amount of time. today it is generally only accidentally - i.e. fencing mistakes
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

3. How long is a trademark protected? is it renewable
10 years and it is renewable
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
crops is considered to be real property and should be considered in the sale of such property.

4. What is an easement by prescription?
entry of a plea - guilty/ not guilty
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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

5. Title VII protected categories?
race - sex - national origin - color - religion
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
agreement permitting use of a trademark

6. Purpose of criminal penalties?
secondary meaning
obtaining ownership by living on anothers property
classic stone corp. owns a profit in gross - and cannot transfer this right to another
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

7. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
sally would possess an easement in this case - the right to travel across property owner peter's land
criticism - use in satire - news report - use to educate
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

8. How can you come to possess land through adverse possession?
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
must effectively try to acquire protection as well as keep the secret
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
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

9. Generic terms can never have?
No - property gifts are common
test is originality - lasts life of creator - protection is automatic
secondary meaning
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

10. Are commercial flights permitted to fly over private property?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

11. The EEOC requires that victims do what before they hold employers liable?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
document by which title to property is passed
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
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

12. Example of an exception to the at will doctrine based on contract theory
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace

13. EEOC is responsible for doing what?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

14. Derivative work
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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

15. Meta tags
offering someone who works at a different firm money for their trade secrets
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
key words of a website that are used for search engines
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

16. Adverse possession
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
obtaining ownership by living on anothers property
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
sexual harassment is protected under title 7 because it effects genders differently in the workplace

17. What is a profit under real property law?
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
secondary meaning
the right to enter onto another persons property with the intentions of removing something valuable
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

18. Difference between joint tenancy and tenancy in common?
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
owner of premise where it was found - after good title is acquired

19. Gold club corporate criminal liability example?
No - property gifts are common
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

20. Service mark
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
intent - delivery - acceptance
mental state or intent part 2 of 2 for determining criminal liability

21. Strong Marks Case Example

22. TRIPS agreement
obtaining ownership by living on anothers property
10 years and it is renewable
signed by hundreds of countries that establishes standards for the international protection of intellectual property
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

23. Reverse discrimination example firefighters
another persons right to make limited use of another persons real property without taking anything away from the property
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
process of hiding the source of illegally acquired funds
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

24. What terminates an easement?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
first person to invent not file for patent
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

25. Mail Fraud Act of 1990 is what?
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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

26. What composes RICO?
intent when attached and will item be damaged because of removal? hard to determine
crops is considered to be real property and should be considered in the sale of such property.
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
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

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

28. Determining disability regarding with and without equipment?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
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
hours of employment - conditions - age of workers

29. What is the difference between real and personal property?
probable cause
members cannot give nationals favorable treatment
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

30. Is it a fixture?
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.
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
a warranty that the buyer will not be disturbed in their possession of the land
intent when attached and will item be damaged because of removal? hard to determine

31. How is the right to use a trademark determined?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
who has been using it first or filed for it first

32. What is a conveyance?
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
agreement permitting use of a trademark
a deed that transfers interest in a life estate from one to another
20 years from filing

33. What composes an 'at will doctrine'
any party can terminate an employment arrangement at anytime no questions asked
probable cause
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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

34. 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
document by which title to property is passed
finder after obtaining a title
owner of premise where it was found - after good title is acquired

35. Tenancy by the entirety - or community ownership
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
owners of secret must try and protect - destroy garbage
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
20 years from filing

36. What protection does the 8th amendment provide?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
fraudulent miss-use of funds that have been entrusted to them
prohibits excessive bail and fines - cruel and unusual punishment

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

38. What could be considered as sexual harassment in the work place
used by members of a cooperative organization to certify the quality of service or product
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
this for that - sexual favors - general conduct however one incident is not enough

39. Outcome of unanimous not guilty?
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
cannot be tried again - no appeal
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

40. Arraignment is what?
entry of a plea - guilty/ not guilty
owner of premise where it was found - after good title is acquired
ownership rights to property
probable cause

41. What happens when land is sold that is growing crops?
race - sex - national origin - color - religion
the right to enter onto another persons property with the intentions of removing something valuable
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
crops is considered to be real property and should be considered in the sale of such property.

42. Collective mark
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
used by members of a cooperative organization to certify the quality of service or product
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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

43. Trademarks are good for? are they renewable
taking property away from the owner with the intent of permanently removing them of ownership
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
10 year period renewable

44. What are the requirements for making a gift an effective transfer of ownership?
10 year period renewable
sexual harassment is protected under title 7 because it effects genders differently in the workplace
intent - delivery - acceptance
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

45. Steps to determining trademark infringement?
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
criminal defense stating that a crime was necessary in preventing an even greater crime
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
work for a company with more than 50 employees - employed for a year - and must try to give notice

46. In real property law who is considered to be the servient estate?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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
the property that is burdened by a profit
streamlines and standardizes the processes for applying for a trademark abroad

47. Workers comp and negligence

48. What is the purpose of the adverse possession doctrine?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
it rewards citizens for putting land to good use rather than just sitting on expanses of property
agreement permitting use of a trademark
who has been using it first or filed for it first

49. Joint tenancy
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
it rewards citizens for putting land to good use rather than just sitting on expanses of property
process of hiding the source of illegally acquired funds
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

50. Americans with disabilities act accomplishes what?
work for a company with more than 50 employees - employed for a year - and must try to give notice
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
first person to invent not file for patent
allows for use of copyrighted material under certain guidelines