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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 is a license considered to be in real property law?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
secondary meaning
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

2. What is an easement by implication?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
10 years and it is renewable
another persons right to make limited use of another persons real property without taking anything away from the property
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

3. What are some criminal defenses
streamlines and standardizes the processes for applying for a trademark abroad
hours of employment - conditions - age of workers
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

4. Mens Rea
owner of premise where it was found - after good title is acquired
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.
mental state or intent part 2 of 2 for determining criminal liability
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

5. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

6. Difference between joint tenancy and tenancy in common?
secondary meaning
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
property of one person rightfully in possession of another - custody

7. What uses fall under the fair use doctrine?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
No - they are considered to be goods and is governed by the uniform commercial code
secondary meaning
criticism - use in satire - news report - use to educate

8. In real property law who is considered to be the dominant estate?
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
the property that will benefit from a profit
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

9. How is the right to use a trademark determined?
who has been using it first or filed for it first
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
cannot be tried again - no appeal
taking property away from the owner with the intent of permanently removing them of ownership

10. License in trademark law?
owners of secret must try and protect - destroy garbage
birth - child placement - employee health - care for spouse - child - or parent - military duty
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
agreement permitting use of a trademark

11. Sexual harassment is treated as what?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
obtaining ownership by living on anothers property
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
process of hiding the source of illegally acquired funds

12. TRIPS agreement
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
signed by hundreds of countries that establishes standards for the international protection of intellectual property
offering someone who works at a different firm money for their trade secrets

13. EEOC is responsible for doing what?
test is originality - lasts life of creator - protection is automatic
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
owners of secret must try and protect - destroy garbage
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

14. What is the result of a mistrial or a hung jury?
a physical or mental impairment that substantially limits one or more major life activities
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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

15. What could be considered as sexual harassment in the work place
this for that - sexual favors - general conduct however one incident is not enough
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
distinctive decor - menu - style - service of an offering
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

16. Are crops real property when they are sold?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
secondary meaning

17. Title VII prevents discrimination in?

18. Strong Marks Case Example

19. What is can be considered trade dress?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
crops is considered to be real property and should be considered in the sale of such property.
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
distinctive decor - menu - style - service of an offering

20. Are commercial flights permitted to fly over private property?
a warranty that the buyer will not be disturbed in their possession of the land
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
criminal defense stating that a crime was necessary in preventing an even greater crime
a deed that transfers interest in a life estate from one to another

21. In order to receive protection under the family medical leave act - one must?
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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

22. What is an easement by prescription?
crops is considered to be real property and should be considered in the sale of such property.
conditional gifts that are only accepted upon the performance of marriage
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

23. Are compilation of facts copyrightable? case example
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

24. Trademarks are good for? are they renewable
No - they are considered to be goods and is governed by the uniform commercial code
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
10 year period renewable
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

25. Employers should handle hostile environments regarding protected members of title 7 by?
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
test is originality - lasts life of creator - protection is automatic
work for a company with more than 50 employees - employed for a year - and must try to give notice
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

26. Steps to determining trademark infringement?
it is a federal crime to use the us postal service to defraud others on false pretenses
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

27. Generic terms can never have?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
secondary meaning
can appeal - subject to new trial
property of one person rightfully in possession of another - custody

28. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
multiple owners of real or personal property

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

30. Examples of collective marks
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
10 year period renewable
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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

31. What is legally a disability?
voluntarily parted with at the time - but then later tries to find it
intent when attached and will item be damaged because of removal? hard to determine
a physical or mental impairment that substantially limits one or more major life activities
this for that - sexual favors - general conduct however one incident is not enough

32. Mislaid property
can appeal - subject to new trial
voluntarily parted with at the time - but then later tries to find it
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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

33. Gold club corporate criminal liability example?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
sexual harassment is protected under title 7 because it effects genders differently in the workplace
distinctive decor - menu - style - service of an offering

34. In order for a disability to be legally recognized what must exist?
obtaining ownership by living on anothers property
record of such condition - being regarded as actually having a condition
No - but if they find any other reason - like you have been late often than you'll probably get fired
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

35. What is a profit under real property law?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
the right to enter onto another persons property with the intentions of removing something valuable

36. Tenancy in common
process of hiding the source of illegally acquired funds
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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

37. Burglary
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
a warranty that the buyer will not be disturbed in their possession of the land
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
breaking into a residence with the intent of performing a felony. this is a crime against property.

38. Outcome of unanimous not guilty?
cannot be tried again - no appeal
No - but if they find any other reason - like you have been late often than you'll probably get fired
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

39. The WARN act calls for what?
No - they are considered to be goods and is governed by the uniform commercial code
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
test is originality - lasts life of creator - protection is automatic
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. How long are patents protected?
voluntarily parted with at the time - but then later tries to find it
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
20 years from filing
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

41. 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?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
owner of premise where it was found - after good title is acquired
classic stone corp. owns a profit in gross - and cannot transfer this right to another
ownership rights to property

42. Requirements of a bailement
given exclusive possession and control over property - and knowingly accept responsibility
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
owner of premise where it was found - after good title is acquired
the right to enter onto another persons property with the intentions of removing something valuable

43. What are strong Marks?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
who has been using it first or filed for it first

44. What determines likeliness of confusion?
a physical or mental impairment that substantially limits one or more major life activities
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

45. Collective mark
prohibits excessive bail and fines - cruel and unusual punishment
used by members of a cooperative organization to certify the quality of service or product
ownership rights to property
members cannot give nationals favorable treatment

46. Estray statutes encourage what?
document by which title to property is passed
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
key words of a website that are used for search engines
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

47. Certification mark
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
it is a federal crime to use the us postal service to defraud others on false pretenses
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

48. Trademark dilution
document by which title to property is passed
a deed that transfers interest in a life estate from one to another
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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

49. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
owner of premise where it was found - after good title is acquired

50. In real property law who is considered to be the servient estate?
the property that is burdened by a profit
voluntarily parted with at the time - but then later tries to find it
crops is considered to be real property and should be considered in the sale of such property.
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