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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. Sexual harassment is treated as what?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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.
sexual harassment is protected under title 7 because it effects genders differently in the workplace

2. Strong Marks Case Example

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3. What is a Deed
document by which title to property is passed
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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

4. Collective mark
offering someone who works at a different firm money for their trade secrets
finder after obtaining a title
used by members of a cooperative organization to certify the quality of service or product
breaking into a residence with the intent of performing a felony. this is a crime against property.

5. Copyright requirements
finder after obtaining a title
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
test is originality - lasts life of creator - protection is automatic
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

6. What is a covenant of quiet enjoyment?
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
sexual harassment is protected under title 7 because it effects genders differently in the workplace
a warranty that the buyer will not be disturbed in their possession of the land

7. Outcome of unanimous not guilty?
crops is considered to be real property and should be considered in the sale of such property.
cannot be tried again - no appeal
the property that is burdened by a profit
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

8. Mens Rea
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
mental state or intent part 2 of 2 for determining criminal liability
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

9. Determining disability regarding with and without equipment?
the corporation could have prevented such acts
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
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
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

10. How can you come to possess land through adverse possession?
mistake of fact
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
owners of secret must try and protect - destroy garbage
10 years and it is renewable

11. Embezzlement
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
record of such condition - being regarded as actually having a condition
fraudulent miss-use of funds that have been entrusted to them

12. Gold club corporate criminal liability example?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
finder after obtaining a title
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

13. Money laundering
allows for use of copyrighted material under certain guidelines
process of hiding the source of illegally acquired funds
intent - delivery - acceptance
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

14. What is a conveyance?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
key words of a website that are used for search engines
intent - delivery - acceptance
a deed that transfers interest in a life estate from one to another

15. What are strong Marks?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

16. Engagement rings are considered to be?
conditional gifts that are only accepted upon the performance of marriage
criticism - use in satire - news report - use to educate
the property that is burdened by a profit
sexual harassment is protected under title 7 because it effects genders differently in the workplace

17. What are the requirements for making a gift an effective transfer of ownership?
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
intent - delivery - acceptance

18. What is secondary meaning?
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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

19. How long are patents protected?
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
race - sex - national origin - color - religion
20 years from filing

20. What composes RICO?
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
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
process of hiding the source of illegally acquired funds
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

21. When property is found who gets property when it was abondoned?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
10 years and it is renewable
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
finder after obtaining a title

22. Generic terms can never have?
race - sex - national origin - color - religion
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
ownership rights to property
secondary meaning

23. Dominion
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
ownership rights to 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

24. What conditions are covered by the family medical leave act?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
intent when attached and will item be damaged because of removal? hard to determine
birth - child placement - employee health - care for spouse - child - or parent - military duty

25. Service mark
must effectively try to acquire protection as well as keep the secret
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
obtaining ownership by living on anothers property

26. The madrid protocol accomplishes what?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
streamlines and standardizes the processes for applying for a trademark abroad
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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

27. What terminates an easement?
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
a physical or mental impairment that substantially limits one or more major life activities
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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

28. How can someone legally acquire trade secrets?
reverse engineer - go through garbage..
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
the property that is burdened by a profit
given exclusive possession and control over property - and knowingly accept responsibility

29. Mistake of fact criminal defense example

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30. Counterfeiting example? regarding punishment
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
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
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
sufficient evidence

31. When property is found that was mislaid who owns it?
owner of premise where it was found - after good title is acquired
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
finder after obtaining a title
any party can terminate an employment arrangement at anytime no questions asked

32. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
the corporation could have prevented such acts
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
No - they are considered to be goods and is governed by the uniform commercial code

33. 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?
sally would possess an easement in this case - the right to travel across property owner peter's land
classic stone corp. owns a profit in gross - and cannot transfer this right to another
the property that will benefit from a profit
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

34. Duress criminal defense
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
probable cause

35. Adverse possession
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
obtaining ownership by living on anothers property
used by members of a cooperative organization to certify the quality of service or product

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

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37. Bailments are?
mistake of fact
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
property of one person rightfully in possession of another - custody

38. Burglary
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
breaking into a residence with the intent of performing a felony. this is a crime against property.

39. Darst V. Interstate Brands Corp. regarding family and medical leave rights
this for that - sexual favors - general conduct however one incident is not enough
fraudulent miss-use of funds that have been entrusted to them
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
mistake of fact

40. What is an easement by implication?
probable cause
must effectively try to acquire protection as well as keep the secret
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

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

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42. What is a job offer?
finder after obtaining a title
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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. Secondary Meaning Example frosty treats
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
intent - delivery - acceptance

44. What protection does the 8th amendment provide?
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
work for a company with more than 50 employees - employed for a year - and must try to give notice
prohibits excessive bail and fines - cruel and unusual punishment

45. Are commercial flights permitted to fly over private property?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
test is originality - lasts life of creator - protection is automatic

46. The Berne Convention
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

47. What is Actus Reus
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
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

48. Mail Fraud Act of 1990 is what?
intent when attached and will item be damaged because of removal? hard to determine
work for a company with more than 50 employees - employed for a year - and must try to give notice
it is a federal crime to use the us postal service to defraud others on false pretenses
a warranty that the buyer will not be disturbed in their possession of the land

49. Example of an exception to the at will doctrine based on contract theory
intent - delivery - acceptance
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
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

50. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
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
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent