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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?
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
record of such condition - being regarded as actually having a condition
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

2. Are commercial flights permitted to fly over private property?
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
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
conditional gifts that are only accepted upon the performance of marriage
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

3. Patent Requirements
cannot be tried again - no appeal
members cannot give nationals favorable treatment
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
novel - useful - non obvious

4. When property is found that was mislaid who owns it?
owner of premise where it was found - after good title is acquired
fraudulent miss-use of funds that have been entrusted to them
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

5. Bailments are?
breaking into a residence with the intent of performing a felony. this is a crime against property.
property of one person rightfully in possession of another - custody
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

6. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
property of one person rightfully in possession of another - custody

7. Do Deeds require consideration to be valid?
voluntarily parted with at the time - but then later tries to find it
another persons right to make limited use of another persons real property without taking anything away from the property
No - property gifts are common
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

8. Workers comp and negligence

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9. Secondary Meaning Example frosty treats
property of one person rightfully in possession of another - custody
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
agreement permitting use of a trademark

10. Special Bailments
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 deed that transfers interest in a life estate from one to another
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

11. What are strong Marks?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

12. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
allows for use of copyrighted material under certain guidelines
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

13. Purpose of criminal penalties?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
it is a federal crime to use the us postal service to defraud others on false pretenses
given exclusive possession and control over property - and knowingly accept responsibility
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

14. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
sufficient evidence
allows for use of copyrighted material under certain guidelines
can appeal - subject to new trial

15. License in trademark law?
entry of a plea - guilty/ not guilty
must effectively try to acquire protection as well as keep the secret
agreement permitting use of a trademark
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

16. What is the difference between real and personal property?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
prohibits excessive bail and fines - cruel and unusual punishment
the corporation could have prevented such acts

17. Is it a fixture?
ownership rights to property
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 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
intent when attached and will item be damaged because of removal? hard to determine

18. Dominion
can appeal - subject to new trial
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
ownership rights to property
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

19. Roman Catholic Church V. Prince Reality Management regarding a license?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
document by which title to property is passed

20. Attorney client privilege accomplishes what?
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
who has been using it first or filed for it first
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
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

21. Tenancy in common
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

22. Robbery
No - they are considered to be goods and is governed by the uniform commercial code
sufficient evidence
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

23. What is not copyrightable?
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
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

24. Counterfeiting example? regarding punishment
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
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
key words of a website that are used for search engines
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

25. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
the corporation could have prevented such acts
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

26. What are the requirements for making a gift an effective transfer of ownership?
a warranty that the buyer will not be disturbed in their possession of the land
intent - delivery - acceptance
it is a federal crime to use the us postal service to defraud others on false pretenses
No - property gifts are common

27. What is an easement by implication?
novel - useful - non obvious
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
criticism - use in satire - news report - use to educate

28. Arrest requires
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
intent - delivery - acceptance
probable cause
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

29. Remedies for patent infringement
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
mistake of fact
any party can terminate an employment arrangement at anytime no questions asked
No - but if they find any other reason - like you have been late often than you'll probably get fired

30. What is a job offer?
treble damages
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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?
reverse engineer - go through garbage..
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
crops is considered to be real property and should be considered in the sale of such property.
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

32. In real property law who is considered to be the servient estate?
the property that is burdened by a profit
10 year period renewable
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
streamlines and standardizes the processes for applying for a trademark abroad

33. Business process patents involve?
criminal defense stating that a crime was necessary in preventing an even greater crime
multiple owners of real or personal property
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.
generally the use of a software to perform a job or deliver product

34. EEOC is responsible for doing what?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
a warranty that the buyer will not be disturbed in their possession of the land
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

35. What is the determining issue when proving entrapment?
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
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
generally the use of a software to perform a job or deliver product
obtaining ownership by living on anothers property

36. Fair use is limited to?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
another persons right to make limited use of another persons real property without taking anything away from the property
criminal defense stating that a crime was necessary in preventing an even greater crime

37. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?

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38. Burglary
generally the use of a software to perform a job or deliver product
breaking into a residence with the intent of performing a felony. this is a crime against property.
signed by hundreds of countries that establishes standards for the international protection of intellectual property
must effectively try to acquire protection as well as keep the secret

39. In order to receive protection under the family medical leave act - one must?
work for a company with more than 50 employees - employed for a year - and must try to give notice
birth - child placement - employee health - care for spouse - child - or parent - military duty
a deed that transfers interest in a life estate from one to another
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

40. Trademark dilution
allows for use of copyrighted material under certain guidelines
used by members of a cooperative organization to certify the quality of service or product
this for that - sexual favors - general conduct however one incident is not enough
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

41. What terminates an easement?
crops is considered to be real property and should be considered in the sale of such property.
probable cause
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

42. Meta tags
work for a company with more than 50 employees - employed for a year - and must try to give notice
key words of a website that are used for search engines
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
owner of premise where it was found - after good title is acquired

43. Discrimination during the hiring process is acceptable when?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
criticism - use in satire - news report - use to educate
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

44. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
reverse engineer - go through garbage..
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

45. Examples of collective marks
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
crops is considered to be real property and should be considered in the sale of such property.
secondary meaning

46. Drake V. Walton County regarding the county taking property
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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. Determining disability regarding with and without equipment?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
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

48. Sexual harassment is treated as what?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

49. Napster example?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
mistake of fact
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

50. Requirements of a bailement
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
given exclusive possession and control over property - and knowingly accept responsibility
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
voluntarily parted with at the time - but then later tries to find it