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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 happens when land is sold that is growing crops?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
obtaining ownership by living on anothers property
crops is considered to be real property and should be considered in the sale of such property.

2. Steps to determining trademark infringement?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
voluntarily parted with at the time - but then later tries to find it
reverse engineer - go through garbage..

3. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

4. What is the purpose of the adverse possession doctrine?
intent - delivery - acceptance
sally would possess an easement in this case - the right to travel across property owner peter's land
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
it rewards citizens for putting land to good use rather than just sitting on expanses of property

5. Purpose of criminal penalties?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
any party can terminate an employment arrangement at anytime no questions asked
agreement permitting use of a trademark

6. Roman Catholic Church V. Prince Reality Management regarding a license?
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
allows for use of copyrighted material under certain guidelines
it rewards citizens for putting land to good use rather than just sitting on expanses of property

7. In order to receive protection under the family medical leave act - one must?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
streamlines and standardizes the processes for applying for a trademark abroad
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

8. Money laundering
process of hiding the source of illegally acquired funds
obtaining ownership by living on anothers property
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
hours of employment - conditions - age of workers

9. What is a Deed
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
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
document by which title to property is passed

10. How are trade secrets treated and protected?
taking property away from the owner with the intent of permanently removing them of ownership
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
owners of secret must try and protect - destroy garbage

11. Reasonable accommodation requirements by the ADA
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
taking property away from the owner with the intent of permanently removing them of ownership
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

12. Are commercial flights permitted to fly over private 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
owners of secret must try and protect - destroy garbage
the corporation could have prevented such acts
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

13. What is can be considered trade dress?
distinctive decor - menu - style - service of an offering
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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

14. Counterfeiting example? regarding punishment
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
No - property gifts are common
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
owners of secret must try and protect - destroy garbage

15. 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?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
taking property away from the owner with the intent of permanently removing them of ownership

16. Tenancy in common
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

17. What is an easement by prescription?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
intent - delivery - acceptance
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

18. What could be considered as sexual harassment in the work place
property of one person rightfully in possession of another - custody
agreement permitting use of a trademark
this for that - sexual favors - general conduct however one incident is not enough
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

19. How long is a copyright protected? for a corporation?
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
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
distinctive decor - menu - style - service of an offering

20. How long are patents protected?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
key words of a website that are used for search engines
20 years from filing
10 year period renewable

21. Sexual harassment is treated as what?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
can appeal - subject to new trial
owners of secret must try and protect - destroy garbage
the right to enter onto another persons property with the intentions of removing something valuable

22. Patent Requirements
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
novel - useful - non obvious
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

23. Mistake of fact criminal defense example

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24. Constructive bailments are?

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25. Fair use is limited to?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
taking property away from the owner with the intent of permanently removing them of ownership
offering someone who works at a different firm money for their trade secrets

26. Fair use doctrine
allows for use of copyrighted material under certain guidelines
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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

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

28. Do Deeds require consideration to be valid?
No - property gifts are common
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
it is a federal crime to use the us postal service to defraud others on false pretenses

29. 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
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
voluntarily parted with at the time - but then later tries to find it
the right to enter onto another persons property with the intentions of removing something valuable

30. Employers should handle hostile environments regarding protected members of title 7 by?
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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

31. Avery conveys - transfers - to classic stone corporation the right to come onto her land and remove up to five hundred pounds of marble per day. What is this called? can classic stone corp. transfer this right?
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
obtaining ownership by living on anothers property
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
classic stone corp. owns a profit in gross - and cannot transfer this right to another

32. Commercial bribery example
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
offering someone who works at a different firm money for their trade secrets
secondary meaning
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

33. Candyland example?
record of such condition - being regarded as actually having a condition
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

34. Arraignment is what?
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
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
entry of a plea - guilty/ not guilty
work for a company with more than 50 employees - employed for a year - and must try to give notice

35. In order to prove discrimination in hiring one has to prove?
key words of a website that are used for search engines
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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

36. In real property law who is considered to be the dominant estate?
crops is considered to be real property and should be considered in the sale of such property.
the property that will benefit from a profit
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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

37. Engagement rings are considered to be?
conditional gifts that are only accepted upon the performance of marriage
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
it is a federal crime to use the us postal service to defraud others on false pretenses

38. What protection does the 6th amendment provide?
key words of a website that are used for search engines
arises when customers begin to associate a specific term or phrase with specific trademarked items
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

39. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
owner of premise where it was found - after good title is acquired
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
intent when attached and will item be damaged because of removal? hard to determine

40. 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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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

41. What protection does the 8th amendment provide?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
prohibits excessive bail and fines - cruel and unusual punishment
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

42. Business process patents involve?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
generally the use of a software to perform a job or deliver product
birth - child placement - employee health - care for spouse - child - or parent - military duty
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

43. What is the result of a mistrial or a hung jury?
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
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
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
entry of a plea - guilty/ not guilty

44. Adverse possession
obtaining ownership by living on anothers 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
a warranty that the buyer will not be disturbed in their possession of the land
the corporation could have prevented such acts

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

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46. Mail fraud act example senator?
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
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
document by which title to property is passed

47. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
sally would possess an easement in this case - the right to travel across property owner peter's land
it is a federal crime to use the us postal service to defraud others on false pretenses

48. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
the corporation could have prevented such acts
given exclusive possession and control over property - and knowingly accept responsibility
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

49. When property is found that was mislaid who owns it?
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
a deed that transfers interest in a life estate from one to another
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
owner of premise where it was found - after good title is acquired

50. When property is found who gets property when it was abondoned?
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
first person to invent not file for patent
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
finder after obtaining a title