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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 to receive protection under the family medical leave act - one must?
breaking into a residence with the intent of performing a felony. this is a crime against property.
mistake of fact
work for a company with more than 50 employees - employed for a year - and must try to give notice
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

2. License in trademark law?
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
agreement permitting use of a trademark
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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

3. Patents allow for the owner to?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
owners of secret must try and protect - destroy garbage

4. Roman Catholic Church V. Prince Reality Management regarding a license?
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
intent - delivery - acceptance
sexual harassment is protected under title 7 because it effects genders differently in the workplace

5. Reverse discrimination example firefighters
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
secondary meaning
crops is considered to be real property and should be considered in the sale of such property.
process of hiding the source of illegally acquired funds

6. What is an easement?
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
another persons right to make limited use of another persons real property without taking anything away from the property
record of such condition - being regarded as actually having a condition
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

7. In real property law who is considered to be the dominant estate?
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
the property that will benefit from a profit
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
No - but if they find any other reason - like you have been late often than you'll probably get fired

8. What is retaliatory discharge?
sally would possess an easement in this case - the right to travel across property owner peter's land
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

9. When property is found that was mislaid who owns it?
allows for use of copyrighted material under certain guidelines
owner of premise where it was found - after good title is acquired
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

10. Is it a fixture?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
treble damages
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
intent when attached and will item be damaged because of removal? hard to determine

11. TRIPS agreement
finder after obtaining a title
signed by hundreds of countries that establishes standards for the international protection of intellectual property
key words of a website that are used for search engines
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

12. Remedies for patent infringement
voluntarily parted with at the time - but then later tries to find it
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

13. Example of an exception to the at will doctrine based on tort theory
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
must effectively try to acquire protection as well as keep the secret
test is originality - lasts life of creator - protection is automatic
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

14. What is the purpose of the adverse possession doctrine?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
it rewards citizens for putting land to good use rather than just sitting on expanses of property
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
test is originality - lasts life of creator - protection is automatic

15. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
reverse engineer - go through garbage..
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
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

16. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
sufficient evidence
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
who has been using it first or filed for it first
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

17. Country club case
10 years and it is renewable
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
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
first person to invent not file for patent

18. How long is a trademark protected? is it renewable
this for that - sexual favors - general conduct however one incident is not enough
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
10 years and it is renewable
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

19. Embezzlement
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
fraudulent miss-use of funds that have been entrusted to them
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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

20. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
treble damages
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

21. Generic terms can never have?
secondary meaning
another persons right to make limited use of another persons real property without taking anything away from the property
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
this for that - sexual favors - general conduct however one incident is not enough

22. Workers comp and negligence

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23. Purpose of criminal penalties?
conditional gifts that are only accepted upon the performance of marriage
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
10 years and it is renewable
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

24. What is secondary meaning?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
arises when customers begin to associate a specific term or phrase with specific trademarked items

25. What is not copyrightable?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
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

26. Copyright requirements
test is originality - lasts life of creator - protection is automatic
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 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
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

27. Americans with disabilities act accomplishes what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
novel - useful - non obvious
crops is considered to be real property and should be considered in the sale of such property.

28. Mistake of fact criminal defense example

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29. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
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

30. Indictment requires
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
sufficient evidence
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
it rewards citizens for putting land to good use rather than just sitting on expanses of property

31. What happens when land is sold that is growing crops?
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
crops is considered to be real property and should be considered in the sale of such property.
intent - delivery - acceptance
entry of a plea - guilty/ not guilty

32. Mens Rea
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
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
must effectively try to acquire protection as well as keep the secret
mental state or intent part 2 of 2 for determining criminal liability

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

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34. What could be considered as sexual harassment in the work place
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
this for that - sexual favors - general conduct however one incident is not enough
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
No - property gifts are common

35. Candyland example?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
streamlines and standardizes the processes for applying for a trademark abroad
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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

36. Napster example?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
taking property away from the owner with the intent of permanently removing them of ownership

37. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
can appeal - subject to new trial
signed by hundreds of countries that establishes standards for the international protection of intellectual property
sufficient evidence

38. What are the requirements for adverse possession to be recognized?
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
secondary meaning

39. What is a conveyance?
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
a deed that transfers interest in a life estate from one to another
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

40. How can someone legally acquire trade secrets?
property of one person rightfully in possession of another - custody
race - sex - national origin - color - religion
reverse engineer - go through garbage..
probable cause

41. Reasonable accommodation requirements by the ADA
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
this for that - sexual favors - general conduct however one incident is not enough

42. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
multiple owners of real or personal property
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

43. What kind of mistake can be used as criminal defense?
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
owners of secret must try and protect - destroy garbage
mistake of fact

44. George V restauration s.a. V. Little Rest Twelve licensing case example

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45. Members of the TRIPS agreement cannot do what?
sally would possess an easement in this case - the right to travel across property owner peter's land
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
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
members cannot give nationals favorable treatment

46. Determining disability regarding with and without equipment?
crops is considered to be real property and should be considered in the sale of such property.
fraudulent miss-use of funds that have been entrusted to them
members cannot give nationals favorable treatment
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

47. Triple amount of damages definition
entry of a plea - guilty/ not guilty
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
treble damages
property of one person rightfully in possession of another - custody

48. Possible ruling interpretations for accession cases
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
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
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
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

49. Meta tags
key words of a website that are used for search engines
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
criminal defense stating that a crime was necessary in preventing an even greater crime
first person to invent not file for patent

50. The madrid protocol accomplishes what?
property of one person rightfully in possession of another - custody
document by which title to property is passed
used by members of a cooperative organization to certify the quality of service or product
streamlines and standardizes the processes for applying for a trademark abroad