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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. In order for a disability to be legally recognized what must exist?
record of such condition - being regarded as actually having a condition
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
multiple owners of real or personal property

2. What could be considered as sexual harassment in the work place
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
first person to invent not file for patent
this for that - sexual favors - general conduct however one incident is not enough
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

3. In real property law who is considered to be the servient estate?
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
the property that is burdened by a profit
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
used by members of a cooperative organization to certify the quality of service or product

4. How are trade secrets treated and protected?
10 years and it is renewable
prohibits excessive bail and fines - cruel and unusual punishment
owners of secret must try and protect - destroy garbage
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

5. Title VII protected categories?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
property of one person rightfully in possession of another - custody
race - sex - national origin - color - religion
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

6. 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
breaking into a residence with the intent of performing a felony. this is a crime against property.
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

7. What determines likeliness of confusion?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
mistake of fact
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

8. Darst V. Interstate Brands Corp. regarding family and medical leave rights
taking property away from the owner with the intent of permanently removing them of ownership
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
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
entry of a plea - guilty/ not guilty

9. Are compilation of facts copyrightable? case example
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
cannot be tried again - no appeal
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
generally the use of a software to perform a job or deliver product

10. How can you come to possess land through adverse possession?
hours of employment - conditions - age of workers
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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

11. What is secondary meaning?
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
ownership rights to property
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

12. Mail Fraud Act of 1990 is what?
allows for use of copyrighted material under certain guidelines
it is a federal crime to use the us postal service to defraud others on false pretenses
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

13. Possible ruling interpretations for accession cases
race - sex - national origin - color - religion
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
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
multiple owners of real or personal property

14. What is an implied warranty of habitability?
this is what most states enforce today - and it guarantees the buyer that the home is in reasonable living condition and the seller is liable for defects that are not declared
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
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
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

15. 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?
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
finder after obtaining a title
sally would possess an easement in this case - the right to travel across property owner peter's land
multiple owners of real or personal property

16. What is a job offer?
any party can terminate an employment arrangement at anytime no questions asked
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

17. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
sally would possess an easement in this case - the right to travel across property owner peter's land
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
it rewards citizens for putting land to good use rather than just sitting on expanses of property

18. What conditions are covered by the family medical leave act?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
taking property away from the owner with the intent of permanently removing them of ownership

19. Mislaid property
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
voluntarily parted with at the time - but then later tries to find it

20. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?
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
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
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

21. Concurrent ownership
multiple owners of real or personal property
it is a federal crime to use the us postal service to defraud others on false pretenses
secondary meaning
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

22. Collective mark
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
hours of employment - conditions - age of workers
used by members of a cooperative organization to certify the quality of service or product
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

23. Outcome of a unanimous guilty verdict?
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
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
can appeal - subject to new trial
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

24. Patents allow for the owner to?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
offering someone who works at a different firm money for their trade secrets
secondary meaning
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

25. 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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
a physical or mental impairment that substantially limits one or more major life activities
process of hiding the source of illegally acquired funds

26. The WARN act calls for what?
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
property of one person rightfully in possession of another - custody
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

27. What are some criminal defenses
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
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
allows for use of copyrighted material under certain guidelines
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

28. Meta tag example about terri welles
can appeal - subject to new trial
offering someone who works at a different firm money for their trade secrets
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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

29. Patent Requirements
cannot be tried again - no appeal
probable cause
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
novel - useful - non obvious

30. Special Bailments
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
cannot be tried again - no appeal
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

31. What is an easement by prescription?
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
10 years and it is renewable
secondary meaning

32. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
novel - useful - non obvious
a physical or mental impairment that substantially limits one or more major life activities
the right to enter onto another persons property with the intentions of removing something valuable

33. Steps to determining trademark infringement?
used by members of a cooperative organization to certify the quality of service or product
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
agreement permitting use of a trademark
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

34. Purpose of criminal penalties?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
the property that will benefit from a profit

35. What is the determining issue when proving entrapment?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
the corporation could have prevented such acts
streamlines and standardizes the processes for applying for a trademark abroad
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

36. What is an easement?
used by members of a cooperative organization to certify the quality of service or product
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
another persons right to make limited use of another persons real property without taking anything away from the property
criticism - use in satire - news report - use to educate

37. Duress criminal defense
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
another persons right to make limited use of another persons real property without taking anything away from the property

38. How is the right to use a trademark determined?
agreement permitting use of a trademark
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
who has been using it first or filed for it first
criticism - use in satire - news report - use to educate

39. What must a deed possess to be valid?
arises when customers begin to associate a specific term or phrase with specific trademarked items
members cannot give nationals favorable treatment
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
novel - useful - non obvious

40. Constructive bailments are?
cannot be tried again - no appeal
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

41. Mail fraud act example senator?
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
owners of secret must try and protect - destroy garbage
obtaining ownership by living on anothers property
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

42. Outcome of unanimous not guilty?
cannot be tried again - no appeal
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
property of one person rightfully in possession of another - custody
treble damages

43. What is retaliatory discharge?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

44. Mens Rea
work for a company with more than 50 employees - employed for a year - and must try to give notice
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.
mental state or intent part 2 of 2 for determining criminal liability
classic stone corp. owns a profit in gross - and cannot transfer this right to another

45. Engagement rings are considered to be?
conditional gifts that are only accepted upon the performance of marriage
who has been using it first or filed for it first
novel - useful - non obvious
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

46. What is a profit under real property law?
the property that will benefit from a profit
secondary meaning
probable cause
the right to enter onto another persons property with the intentions of removing something valuable

47. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
test is originality - lasts life of creator - protection is automatic
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
ownership rights to property

48. Reverse discrimination example firefighters
sufficient evidence
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
reverse engineer - go through garbage..

49. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
obtaining ownership by living on anothers property
secondary meaning
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

50. What kind of mistake can be used as criminal defense?
this for that - sexual favors - general conduct however one incident is not enough
mistake of fact
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

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