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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. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
entry of a plea - guilty/ not guilty
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
test is originality - lasts life of creator - protection is automatic

2. Embezzlement
the right to enter onto another persons property with the intentions of removing something valuable
fraudulent miss-use of funds that have been entrusted to them
intent - delivery - acceptance
who has been using it first or filed for it first

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

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4. In order for a disability to be legally recognized what must exist?
must effectively try to acquire protection as well as keep the secret
the property that is burdened by a profit
record of such condition - being regarded as actually having a condition
agreement permitting use of a trademark

5. Responsible corporate officer doctrine?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
classic stone corp. owns a profit in gross - and cannot transfer this right to another

6. Triple amount of damages definition
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
another persons right to make limited use of another persons real property without taking anything away from the property
treble damages
who has been using it first or filed for it first

7. In order to receive protection under the family medical leave act - one must?
it is a federal crime to use the us postal service to defraud others on false pretenses
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
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

8. The Berne Convention
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

9. Concurrent ownership
hours of employment - conditions - age of workers
multiple owners of real or personal property
the property that will benefit from a profit
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

10. Money laundering
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
process of hiding the source of illegally acquired funds
fraudulent miss-use of funds that have been entrusted to them

11. What is can be considered trade dress?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
distinctive decor - menu - style - service of an offering
mistake of fact
it is a federal crime to use the us postal service to defraud others on false pretenses

12. Secondary Meaning Example frosty treats
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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

13. What are some criminal defenses
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
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
can appeal - subject to new trial

14. What is a job offer?
the corporation could have prevented such acts
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
voluntarily parted with at the time - but then later tries to find it
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

15. Determining disability regarding with and without equipment?
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
given exclusive possession and control over property - and knowingly accept responsibility
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
a physical or mental impairment that substantially limits one or more major life activities

16. What protection does the 8th amendment provide?
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
taking property away from the owner with the intent of permanently removing them of ownership
prohibits excessive bail and fines - cruel and unusual punishment
multiple owners of real or personal property

17. Discrimination during the hiring process is acceptable when?
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
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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

18. Are crops real property when they are sold?
this for that - sexual favors - general conduct however one incident is not enough
No - they are considered to be goods and is governed by the uniform commercial code
mistake of fact
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

19. What are the requirements for making a gift an effective transfer of ownership?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
it is a federal crime to use the us postal service to defraud others on false pretenses
intent - delivery - acceptance
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

20. What is secondary meaning?
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
arises when customers begin to associate a specific term or phrase with specific trademarked items
intent - delivery - acceptance

21. Adverse possession
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
criticism - use in satire - news report - use to educate
obtaining ownership by living on anothers property
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

22. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
intent when attached and will item be damaged because of removal? hard to determine
20 years from filing
secondary meaning
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

23. Fair labor standards act covers issues such as?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
hours of employment - conditions - age of workers
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

24. Dominion
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
ownership rights to property

25. What is an implied warranty of habitability?
treble damages
finder after obtaining a title
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

26. Title VII protected categories?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
finder after obtaining a title
owner of premise where it was found - after good title is acquired
race - sex - national origin - color - religion

27. Darst V. Interstate Brands Corp. regarding family and medical leave rights
secondary meaning
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

28. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
fraudulent miss-use of funds that have been entrusted to them
secondary meaning

29. Business process patents involve?
generally the use of a software to perform a job or deliver product
another persons right to make limited use of another persons real property without taking anything away from the property
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

30. Fair use doctrine
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
allows for use of copyrighted material under certain guidelines

31. What is a warranty deed?
criminal defense stating that a crime was necessary in preventing an even greater crime
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
the property that will benefit from a profit

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

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33. What is the result of a mistrial or a hung jury?
document by which title to property is passed
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

34. Patent Requirements
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
the corporation could have prevented such acts
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
novel - useful - non obvious

35. Trademark dilution
ownership rights to property
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
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

36. Facts to be used in the fair use standard are?
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
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

37. What are the requirements for adverse possession to be recognized?
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
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
No - they are considered to be goods and is governed by the uniform commercial code
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

38. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
a physical or mental impairment that substantially limits one or more major life activities
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
10 years and it is renewable

39. Indictment requires
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
sufficient evidence
first person to invent not file for patent

40. Roman Catholic Church V. Prince Reality Management regarding a license?
any party can terminate an employment arrangement at anytime no questions asked
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
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

41. Constructive bailments are?

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42. Joint tenancy
the right to enter onto another persons property with the intentions of removing something valuable
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
cannot be tried again - no appeal
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

43. What could be considered as sexual harassment in the work place
this for that - sexual favors - general conduct however one incident is not enough
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
a warranty that the buyer will not be disturbed in their possession of the land
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

44. Do Deeds require consideration to be valid?
the property that is burdened by a profit
taking property away from the owner with the intent of permanently removing them of ownership
No - property gifts are common
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

45. Generic terms can never have?
secondary meaning
race - sex - national origin - color - religion
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
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

46. Engagement rings are considered to be?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
conditional gifts that are only accepted upon the performance of marriage
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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.

47. How long is a trademark protected? is it renewable
10 years and it is renewable
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
criticism - use in satire - news report - use to educate
reverse engineer - go through garbage..

48. 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?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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

49. Country club case
generally the use of a software to perform a job or deliver product
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
who has been using it first or filed for it first
conditional gifts that are only accepted upon the performance of marriage

50. How can you come to possess land through adverse possession?
first person to invent not file for patent
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability