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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. What uses fall under the fair use doctrine?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
No - they are considered to be goods and is governed by the uniform commercial code
criticism - use in satire - news report - use to educate
crops is considered to be real property and should be considered in the sale of such property.

2. Remedies for patent infringement
the right to enter onto another persons property with the intentions of removing something valuable
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
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

3. What is an easement?
No - property gifts are common
another persons right to make limited use of another persons real property without taking anything away from the property
allows for use of copyrighted material under certain guidelines
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

4. How long are patents protected?
20 years from filing
sally would possess an easement in this case - the right to travel across property owner peter's land
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
allows for use of copyrighted material under certain guidelines

5. Trademark dilution
record of such condition - being regarded as actually having a condition
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
must effectively try to acquire protection as well as keep the secret

6. 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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
process of hiding the source of illegally acquired funds

7. In order to receive protection under the family medical leave act - one must?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
it rewards citizens for putting land to good use rather than just sitting on expanses of property
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
work for a company with more than 50 employees - employed for a year - and must try to give notice

8. Are crops real property when they are sold?
the right to enter onto another persons property with the intentions of removing something valuable
hours of employment - conditions - age of workers
No - they are considered to be goods and is governed by the uniform commercial code
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

9. 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
a 60 day warning of a layoff or close of a factory that has more than 50 fulltime workers and is for companies with more than a total of 100fulltime workers
a physical or mental impairment that substantially limits one or more major life activities
streamlines and standardizes the processes for applying for a trademark abroad

10. What kind of mistake can be used as criminal defense?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
mental state or intent part 2 of 2 for determining criminal liability
mistake of fact

11. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
a deed that transfers interest in a life estate from one to another
No - but if they find any other reason - like you have been late often than you'll probably get fired
work for a company with more than 50 employees - employed for a year - and must try to give notice

12. What is the purpose of the adverse possession doctrine?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
can appeal - subject to new trial

13. The EEOC requires that victims do what before they hold employers liable?
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
the corporation could have prevented such acts
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

14. What is the difference between real and personal property?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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
who has been using it first or filed for it first
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

15. Americans with disabilities act accomplishes what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
treble damages
intent when attached and will item be damaged because of removal? hard to determine
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

16. EEOC is responsible for doing what?
another persons right to make limited use of another persons real property without taking anything away from the property
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

17. Meta tags
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
key words of a website that are used for search engines
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

18. Workers comp and negligence

19. What must a deed possess to be valid?

20. Copyright requirements
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
reverse engineer - go through 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
test is originality - lasts life of creator - protection is automatic

21. In real property law who is considered to be the servient estate?
the property that is burdened by a profit
a physical or mental impairment that substantially limits one or more major life activities
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
10 year period renewable

22. What is can be considered trade dress?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
must effectively try to acquire protection as well as keep the secret
distinctive decor - menu - style - service of an offering
sexual harassment is protected under title 7 because it effects genders differently in the workplace

23. Requirements of a bailement
used by members of a cooperative organization to certify the quality of service or product
given exclusive possession and control over property - and knowingly accept responsibility
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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

24. Can you be fired for whistle blowing?

25. What protection does the 6th amendment provide?
test is originality - lasts life of creator - protection is automatic
treble damages
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
sufficient evidence

26. Triple amount of damages definition
the right to enter onto another persons property with the intentions of removing something valuable
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
taking property away from the owner with the intent of permanently removing them of ownership
treble damages

27. What is a job offer?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
streamlines and standardizes the processes for applying for a trademark abroad
this for that - sexual favors - general conduct however one incident is not enough

28. What composes an 'at will doctrine'
given exclusive possession and control over property - and knowingly accept responsibility
any party can terminate an employment arrangement at anytime no questions asked
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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

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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
sally would possess an easement in this case - the right to travel across property owner peter's land

30. 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
birth - child placement - employee health - care for spouse - child - or parent - military duty
first person to invent not file for patent
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

31. Special Bailments
record of such condition - being regarded as actually having a condition
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

32. TRIPS agreement
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
mental state or intent part 2 of 2 for determining criminal liability

33. Attorney client privilege accomplishes what?
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
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
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
probable cause

34. What conditions are covered by the family medical leave act?
secondary meaning
birth - child placement - employee health - care for spouse - child - or parent - military duty
owner of premise where it was found - after good title is acquired
conditional gifts that are only accepted upon the performance of marriage

35. Example of an exception to the at will doctrine based on tort theory
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
distinctive decor - menu - style - service of an offering
who has been using it first or filed for it first
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

36. Service mark
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
cannot be tried again - no appeal
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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

37. What is a Deed
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
another persons right to make limited use of another persons real property without taking anything away from the property
document by which title to property is passed
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.

38. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
No - they are considered to be goods and is governed by the uniform commercial code

39. Derivative work
sexual harassment is protected under title 7 because it effects genders differently in the workplace
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
sally would possess an easement in this case - the right to travel across property owner peter's land

40. Business process patents involve?
generally the use of a software to perform a job or deliver product
novel - useful - non obvious
test is originality - lasts life of creator - protection is automatic
members cannot give nationals favorable treatment

41. Tenancy by the entirety - or community ownership
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
test is originality - lasts life of creator - protection is automatic

42. Joint tenancy
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
a physical or mental impairment that substantially limits one or more major life activities
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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

43. Are commercial flights permitted to fly over private property?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
birth - child placement - employee health - care for spouse - child - or parent - military duty
crops is considered to be real property and should be considered in the sale of such property.
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

44. Bailments are?
first person to invent not file for patent
probable cause
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
property of one person rightfully in possession of another - custody

45. What protection does the 8th amendment provide?
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
prohibits excessive bail and fines - cruel and unusual punishment
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

46. Mislaid property
voluntarily parted with at the time - but then later tries to find it
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
used by members of a cooperative organization to certify the quality of service or product

47. Country club case
race - sex - national origin - color - religion
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
generally the use of a software to perform a job or deliver product

48. How can you come to possess land through adverse possession?
finder after obtaining a title
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
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
agreement permitting use of a trademark

49. Gold club corporate criminal liability example?
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
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.
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

50. Constructive bailments are?