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Business Law Yale

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.

This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.

1. Indictment requires
sufficient evidence
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
first person to invent not file for patent

2. How long are patents protected?
20 years from filing
property of one person rightfully in possession of another - custody
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
members cannot give nationals favorable treatment

3. Employers should handle hostile environments regarding protected members of title 7 by?
crops is considered to be real property and should be considered in the sale of such property.
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
streamlines and standardizes the processes for applying for a trademark abroad
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

4. How long is a copyright protected? for a corporation?
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
hours of employment - conditions - age of workers
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

5. What is an easement?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
another persons right to make limited use of another persons real property without taking anything away from the property
offering someone who works at a different firm money for their trade secrets
signed by hundreds of countries that establishes standards for the international protection of intellectual property

6. 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?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
taking property away from the owner with the intent of permanently removing them of ownership
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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

7. 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?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

8. Responsible corporate officer doctrine?
a warranty that the buyer will not be disturbed in their possession of the land
fraudulent miss-use of funds that have been entrusted to them
the property that is burdened by a profit
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

9. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
criticism - use in satire - news report - use to educate
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
10 years and it is renewable

10. In the united states who gets the patent if there is a conflict?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
mental state or intent part 2 of 2 for determining criminal liability
first person to invent not file for patent

11. What is a job offer?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
a deed that transfers interest in a life estate from one to another
cannot be tried again - no appeal
record of such condition - being regarded as actually having a condition

12. Are commercial flights permitted to fly over private property?
mental state or intent part 2 of 2 for determining criminal liability
10 year period renewable
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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

13. When property is found who gets property when it was abondoned?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
members cannot give nationals favorable treatment
finder after obtaining a title
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

14. What is a warranty deed?
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
10 years and it is renewable
intent - delivery - acceptance
generally the use of a software to perform a job or deliver product

15. What is can be considered trade dress?
arises when customers begin to associate a specific term or phrase with specific trademarked items
10 years and it is renewable
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
distinctive decor - menu - style - service of an offering

16. Examples of collective marks
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
race - sex - national origin - color - religion

17. Mens Rea
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
reverse engineer - go through garbage..
mental state or intent part 2 of 2 for determining criminal liability
given exclusive possession and control over property - and knowingly accept responsibility

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

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19. Drake V. Walton County regarding the county taking property
criminal defense stating that a crime was necessary in preventing an even greater crime
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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.
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

20. Burglary
this for that - sexual favors - general conduct however one incident is not enough
it rewards citizens for putting land to good use rather than just sitting on expanses of property
voluntarily parted with at the time - but then later tries to find it
breaking into a residence with the intent of performing a felony. this is a crime against property.

21. Bailments are?
property of one person rightfully in possession of another - custody
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

22. What is a Deed
document by which title to property is passed
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
this for that - sexual favors - general conduct however one incident is not enough
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

23. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
another persons right to make limited use of another persons real property without taking anything away from the property
a warranty that the buyer will not be disturbed in their possession of the land
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
owners of secret must try and protect - destroy garbage

24. How is the right to use a trademark determined?
mistake of fact
record of such condition - being regarded as actually having a condition
members cannot give nationals favorable treatment
who has been using it first or filed for it first

25. Purpose of criminal penalties?
conditional gifts that are only accepted upon the performance of marriage
another persons right to make limited use of another persons real property without taking anything away from the property
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

26. How can you come to possess land through adverse possession?
sally would possess an easement in this case - the right to travel across property owner peter's land
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
test is originality - lasts life of creator - protection is automatic

27. Collective mark
any party can terminate an employment arrangement at anytime no questions asked
used by members of a cooperative organization to certify the quality of service or product
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
arises when customers begin to associate a specific term or phrase with specific trademarked items

28. What composes RICO?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
used by members of a cooperative organization to certify the quality of service or product
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
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

29. Title VII protected categories?
it is a federal crime to use the us postal service to defraud others on false pretenses
a deed that transfers interest in a life estate from one to another
race - sex - national origin - color - religion
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

30. Triple amount of damages definition
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
treble damages
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

31. In real property law who is considered to be the servient estate?
10 year period renewable
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
the property that is burdened by a profit
criminal defense stating that a crime was necessary in preventing an even greater crime

32. Napster example?
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
No - but if they find any other reason - like you have been late often than you'll probably get fired
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

33. Example of an exception to the at will doctrine based on tort theory
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

34. What could be considered as sexual harassment in the work place
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
this for that - sexual favors - general conduct however one incident is not enough
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

35. Tenancy by the entirety - or community ownership
property of one person rightfully in possession of another - custody
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
generally the use of a software to perform a job or deliver product

36. 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
the corporation could have prevented such acts
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

37. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
the property that is burdened by a profit
secondary meaning
intent when attached and will item be damaged because of removal? hard to determine
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

38. Attorney client privilege accomplishes what?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
mistake of fact
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

39. Counterfeiting example? regarding punishment
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
secondary meaning

40. What is an easement by prescription?
can appeal - subject to new trial
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property

41. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
members cannot give nationals favorable treatment
crops is considered to be real property and should be considered in the sale of such property.
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

42. Title VII prevents discrimination in?

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43. Business process patents involve?
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
generally the use of a software to perform a job or deliver product
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
distinctive decor - menu - style - service of an offering

44. Meta tag example about terri welles
intent - delivery - acceptance
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
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

45. Significance of coca-cola V. koke Co of America
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
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
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
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

46. Joint tenancy
10 years and it is renewable
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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. Dominion
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
ownership rights to property
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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

48. What must a deed possess to be valid?

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49. Larceny
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
taking property away from the owner with the intent of permanently removing them of ownership
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

50. Fair labor standards act covers issues such as?
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
hours of employment - conditions - age of workers
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