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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 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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
key words of a website that are used for search engines

2. Concurrent ownership
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
multiple owners of real or personal property
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
owner of premise where it was found - after good title is acquired

3. Napster example?
criticism - use in satire - news report - use to educate
criminal defense stating that a crime was necessary in preventing an even greater crime
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
can appeal - subject to new trial

4. In real property law who is considered to be the servient estate?
breaking into a residence with the intent of performing a felony. this is a crime against property.
the property that is burdened by a profit
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
the corporation could have prevented such acts

5. Commercial bribery example
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
offering someone who works at a different firm money for their trade secrets

6. Burglary
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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.
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

7. How can someone legally acquire trade secrets?
work for a company with more than 50 employees - employed for a year - and must try to give notice
reverse engineer - go through garbage..
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
distinctive decor - menu - style - service of an offering

8. 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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

9. Counterfeiting example? regarding punishment
mental state or intent part 2 of 2 for determining criminal liability
secondary meaning
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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

10. Business process patents involve?
document by which title to property is passed
used by members of a cooperative organization to certify the quality of service or product
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
generally the use of a software to perform a job or deliver product

11. Under the americans with disabilities act - when can a disability be discussed?

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12. How are trade secrets treated and protected?
record of such condition - being regarded as actually having a condition
given exclusive possession and control over property - and knowingly accept responsibility
owners of secret must try and protect - destroy garbage
conditional gifts that are only accepted upon the performance of marriage

13. What is a warranty deed?
novel - useful - non obvious
fraudulent miss-use of funds that have been entrusted to them
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
prohibits excessive bail and fines - cruel and unusual punishment

14. Patent Requirements
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
birth - child placement - employee health - care for spouse - child - or parent - military duty
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
novel - useful - non obvious

15. If property owner Peter sells a chunk of his estate to Sally - and that property is cut off from any public roads - what is sally supposed to do?

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16. Members of the TRIPS agreement cannot do what?
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
members cannot give nationals favorable treatment
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

17. Americans with disabilities act accomplishes what?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
conditional gifts that are only accepted upon the performance of marriage
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

18. What is the result of a mistrial or a hung jury?
who has been using it first or filed for it first
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
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
another persons right to make limited use of another persons real property without taking anything away from the property

19. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
fraudulent miss-use of funds that have been entrusted to them
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
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

20. Reverse discrimination example firefighters
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
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
distinctive decor - menu - style - service of an offering
the right to enter onto another persons property with the intentions of removing something valuable

21. What protection does the 6th amendment provide?
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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

22. Possible ruling interpretations for accession cases
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
finder after obtaining a title
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
used by members of a cooperative organization to certify the quality of service or product

23. What is Actus Reus
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

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

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25. License in trademark law?
generally the use of a software to perform a job or deliver product
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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
agreement permitting use of a trademark

26. Fair use is limited to?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
key words of a website that are used for search engines
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

27. Estray statutes encourage what?
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
treble damages
10 years and it is renewable
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

28. Are crops real property when they are sold?
mental state or intent part 2 of 2 for determining criminal liability
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
No - they are considered to be goods and is governed by the uniform commercial code

29. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

30. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
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
secondary meaning

31. What are some criminal defenses
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

32. Fair labor standards act covers issues such as?
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
prohibits excessive bail and fines - cruel and unusual punishment
20 years from filing
hours of employment - conditions - age of workers

33. What is the difference between real and personal property?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

34. What is a Deed
a physical or mental impairment that substantially limits one or more major life activities
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
document by which title to property is passed

35. Are compilation of facts copyrightable? case example
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
another persons right to make limited use of another persons real property without taking anything away from the property
owners of secret must try and protect - destroy garbage
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

36. Example of an exception to the at will doctrine based on tort theory
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
work for a company with more than 50 employees - employed for a year - and must try to give notice
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

37. Engagement rings are considered to be?
cannot be tried again - no appeal
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
conditional gifts that are only accepted upon the performance of marriage
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

38. Patents allow for the owner to?
owner of premise where it was found - after good title is acquired
sexual harassment is protected under title 7 because it effects genders differently in the workplace
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

39. Do Deeds require consideration to be valid?
a physical or mental impairment that substantially limits one or more major life activities
No - property gifts are common
distinctive decor - menu - style - service of an offering
reverse engineer - go through garbage..

40. Mail Fraud Act of 1990 is what?
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
it is a federal crime to use the us postal service to defraud others on false pretenses
offering someone who works at a different firm money for their trade secrets
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

41. What is retaliatory discharge?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
a warranty that the buyer will not be disturbed in their possession of the land
taking property away from the owner with the intent of permanently removing them of ownership
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

42. What are the requirements for making a gift an effective transfer of ownership?
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
intent - delivery - acceptance
breaking into a residence with the intent of performing a felony. this is a crime against property.
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

43. Darst V. Interstate Brands Corp. regarding family and medical leave rights
prohibits excessive bail and fines - cruel and unusual punishment
fraudulent miss-use of funds that have been entrusted to them
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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

44. Trademarks are good for? are they renewable
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
10 year period renewable
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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

45. Tenancy in common
property of one person rightfully in possession of another - custody
finder after obtaining a title
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

46. What conditions are covered by the family medical leave act?
streamlines and standardizes the processes for applying for a trademark abroad
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
birth - child placement - employee health - care for spouse - child - or parent - military duty

47. Example of an exception to the at will doctrine based on contract theory
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
sufficient evidence
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

48. What is an easement?
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
another persons right to make limited use of another persons real property without taking anything away from the property
intent - delivery - acceptance
ownership rights to property

49. Requirements of a bailement
20 years from filing
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
given exclusive possession and control over property - and knowingly accept responsibility

50. Derivative work
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
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+
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game