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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 must a deed possess to be valid?

2. When property is found that was mislaid who owns it?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
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
owner of premise where it was found - after good title is acquired

3. Larceny
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
first person to invent not file for patent
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
taking property away from the owner with the intent of permanently removing them of ownership

4. Tenancy in common
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
voluntarily parted with at the time - but then later tries to find it
criminal defense stating that a crime was necessary in preventing an even greater crime
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

5. Bailments are?
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
mental state or intent part 2 of 2 for determining criminal liability
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
property of one person rightfully in possession of another - custody

6. Examples of collective marks
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
agreement permitting use of a trademark
sally would possess an easement in this case - the right to travel across property owner peter's 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

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

8. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
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
No - they are considered to be goods and is governed by the uniform commercial code
it is a federal crime to use the us postal service to defraud others on false pretenses
the corporation could have prevented such acts

9. Example of an exception to the at will doctrine based on tort theory
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
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
record of such condition - being regarded as actually having a condition
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

10. Employers should handle hostile environments regarding protected members of title 7 by?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
the corporation could have prevented such acts
prohibits excessive bail and fines - cruel and unusual punishment
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

11. Is it a fixture?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
intent when attached and will item be damaged because of removal? hard to determine
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

12. Mistake of fact criminal defense example

13. Adverse possession
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
obtaining ownership by living on anothers property
intent - delivery - acceptance
work for a company with more than 50 employees - employed for a year - and must try to give notice

14. Concurrent ownership
multiple owners of real or personal property
owner of premise where it was found - after good title is acquired
a physical or mental impairment that substantially limits one or more major life activities
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

15. Significance of coca-cola V. koke Co of America
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
novel - useful - non obvious

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

17. Mail Fraud Act of 1990 is what?
criminal defense stating that a crime was necessary in preventing an even greater crime
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
it is a federal crime to use the us postal service to defraud others on false pretenses
cannot be tried again - no appeal

18. EEOC is responsible for doing what?
sally would possess an easement in this case - the right to travel across property owner peter's land
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
who has been using it first or filed for it first
must effectively try to acquire protection as well as keep the secret

19. Example of an exception to the at will doctrine based on contract theory
the property that is burdened by a profit
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
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
the corporation could have prevented such acts

20. Purpose of criminal penalties?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
allows for use of copyrighted material under certain guidelines
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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. TRIPS agreement
offering someone who works at a different firm money for their trade secrets
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
signed by hundreds of countries that establishes standards for the international protection of intellectual property

22. In order to prove discrimination in hiring one has to prove?
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
secondary meaning
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

23. Fair use is limited to?
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
secondary meaning
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
crops is considered to be real property and should be considered in the sale of such property.

24. Reasonable accommodation requirements by the ADA
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

25. What is a Deed
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
document by which title to property is passed
prohibits excessive bail and fines - cruel and unusual punishment
birth - child placement - employee health - care for spouse - child - or parent - military duty

26. Mislaid property
can appeal - subject to new trial
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
voluntarily parted with at the time - but then later tries to find it
process of hiding the source of illegally acquired funds

27. What are the requirements for adverse possession to be recognized?
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
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

28. What conditions are covered by the family medical leave act?
record of such condition - being regarded as actually having a condition
probable cause
property of one person rightfully in possession of another - custody
birth - child placement - employee health - care for spouse - child - or parent - military duty

29. Dominion
obtaining ownership by living on anothers property
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

30. What is a conveyance?
novel - useful - non obvious
treble damages
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
a deed that transfers interest in a life estate from one to another

31. Trademark dilution
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
a warranty that the buyer will not be disturbed in their possession of the land
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

32. Meta tags
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
document by which title to property is passed
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
key words of a website that are used for search engines

33. What is retaliatory discharge?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
signed by hundreds of countries that establishes standards for the international protection of intellectual property
No - property gifts are common

34. What is an easement by prescription?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

35. Are crops real property when they are sold?
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
No - they are considered to be goods and is governed by the uniform commercial code
No - but if they find any other reason - like you have been late often than you'll probably get fired

36. Can you be fired for whistle blowing?

37. Are commercial flights permitted to fly over private property?
work for a company with more than 50 employees - employed for a year - and must try to give notice
owner of premise where it was found - after good title is acquired
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

38. Age discrimination achieves what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
fraudulent miss-use of funds that have been entrusted to them

39. What are some criminal defenses
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
arises when customers begin to associate a specific term or phrase with specific trademarked items

40. What is the difference between real and personal property?
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
sally would possess an easement in this case - the right to travel across property owner peter's land

41. What is the result of a mistrial or a hung jury?
conditional gifts that are only accepted upon the performance of marriage
mental state or intent part 2 of 2 for determining criminal liability
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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

42. Title VII protected categories?
race - sex - national origin - color - religion
record of such condition - being regarded as actually having a condition
sexual harassment is protected under title 7 because it effects genders differently in the workplace
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

43. Outcome of unanimous not guilty?
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
cannot be tried again - no appeal
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
owner of premise where it was found - after good title is acquired

44. 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
breaking into a residence with the intent of performing a felony. this is a crime against property.
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
sally would possess an easement in this case - the right to travel across property owner peter's land

45. Service mark
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
it rewards citizens for putting land to good use rather than just sitting on expanses of property
a deed that transfers interest in a life estate from one to another

46. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
allows for use of copyrighted material under certain guidelines
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

47. License in trademark law?
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
agreement permitting use of a trademark
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
streamlines and standardizes the processes for applying for a trademark abroad

48. How can someone legally acquire trade secrets?
voluntarily parted with at the time - but then later tries to find it
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
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

49. Strong Marks Case Example

50. In order to recieve protection what must one do?
any party can terminate an employment arrangement at anytime no questions asked
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
must effectively try to acquire protection as well as keep the secret
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned