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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. The EEOC requires that victims do what before they hold employers liable?
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
secondary meaning
signed by hundreds of countries that establishes standards for the international protection of intellectual property
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

2. Fair use doctrine
allows for use of copyrighted material under certain guidelines
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification 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

3. Tenancy by the entirety - or community ownership
first person to invent not file for patent
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
secondary meaning

4. Title VII prevents discrimination in?

5. What must a deed possess to be valid?

6. Estray statutes encourage what?
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
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

7. Outcome of a unanimous guilty verdict?
process of hiding the source of illegally acquired funds
can appeal - subject to new trial
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

8. Constructive bailments are?

9. Age discrimination achieves what?
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
it is a federal crime to use the us postal service to defraud others on false pretenses
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

10. What are some criminal defenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
classic stone corp. owns a profit in gross - and cannot transfer this right to another
who has been using it first or filed for it first
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

11. Fair use is limited to?
10 year period renewable
birth - child placement - employee health - care for spouse - child - or parent - military duty
intent when attached and will item be damaged because of removal? hard to determine
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

12. Examples of collective marks
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
record of such condition - being regarded as actually having a condition
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

13. Concurrent ownership
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
criminal defense stating that a crime was necessary in preventing an even greater crime
multiple owners of real or personal property

14. Engagement rings are considered to be?
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
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
conditional gifts that are only accepted upon the performance of marriage
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

15. What could be considered as sexual harassment in the work place
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
this for that - sexual favors - general conduct however one incident is not enough
the property that is burdened by a profit

16. Burglary
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
breaking into a residence with the intent of performing a felony. this is a crime against property.

17. What are the requirements for adverse possession to be recognized?
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 deed that transfers interest in a life estate from one to another
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
ownership rights to property

18. What protection does the 6th amendment provide?
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
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
the property that will benefit from a profit
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

19. Napster example?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
record of such condition - being regarded as actually having a condition
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

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

21. In order to prove discrimination in hiring one has to prove?
1) member of a protected class 2) applied and was qualified 3) rejected by the employer 4) the employer continued to look or filled the position with someone not in a protected class
property of one person rightfully in possession of another - custody
20 years from filing
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

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

23. Candyland example?
secondary meaning
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
a 60 day warning of a layoff or close of a factory that has more than 50 fulltime workers and is for companies with more than a total of 100fulltime workers
document by which title to property is passed

24. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
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
intent - delivery - acceptance
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

25. EEOC is responsible for doing what?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
a warranty that the buyer will not be disturbed in their possession of the land
finder after obtaining a title
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

26. 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
mental state or intent part 2 of 2 for determining criminal liability
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

27. In real property law who is considered to be the dominant estate?
the property that will benefit from a profit
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
generally the use of a software to perform a job or deliver product
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

28. Meta tags
key words of a website that are used for search engines
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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

29. Money laundering
process of hiding the source of illegally acquired funds
arises when customers begin to associate a specific term or phrase with specific trademarked items
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
classic stone corp. owns a profit in gross - and cannot transfer this right to another

30. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
given exclusive possession and control over property - and knowingly accept responsibility
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

31. In order to receive protection under the family medical leave act - one must?
fraudulent miss-use of funds that have been entrusted to them
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
treble damages
work for a company with more than 50 employees - employed for a year - and must try to give notice

32. Arrest requires
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
probable cause

33. Joint tenancy
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
the property that is burdened by a profit
intent - delivery - acceptance
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

34. Example of an exception to the at will doctrine based on tort theory
the church gave prince a license to erect a plywood wall to protect a construction site - but they placed steel pillars in the licensed area. the court ruled this to be trespassing
if 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 marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
the corporation could have prevented such acts

35. Patent Requirements
20 years from filing
novel - useful - non obvious
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
used by members of a cooperative organization to certify the quality of service or product

36. The Berne Convention
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

37. Americans with disabilities act accomplishes what?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
the property that will benefit from a profit
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

38. Significance of coca-cola V. koke Co of America
offering someone who works at a different firm money for their trade secrets
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
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
reverse engineer - go through garbage..

39. Roman Catholic Church V. Prince Reality Management regarding a license?
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
sufficient evidence
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

40. What are the requirements for making a gift an effective transfer 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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
offering someone who works at a different firm money for their trade secrets
intent - delivery - acceptance

41. The WARN act calls for what?
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
intent when attached and will item be damaged because of removal? hard to determine

42. Can you be fired for whistle blowing?

43. Outcome of unanimous not guilty?
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
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
cannot be tried again - no appeal
document by which title to property is passed

44. Remedies for patent infringement
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
cannot be tried again - no appeal

45. Do Deeds require consideration to be valid?
document by which title to property is passed
members cannot give nationals favorable treatment
No - property gifts are common
generally the use of a software to perform a job or deliver product

46. What composes RICO?
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
intent - delivery - acceptance
novel - useful - non obvious
allows for use of copyrighted material under certain guidelines

47. Responsible corporate officer doctrine?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
cannot be tried again - no appeal
classic stone corp. owns a profit in gross - and cannot transfer this right to another

48. Sambucks vs. starbucks
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
fraudulent miss-use of funds that have been entrusted to them
signed by hundreds of countries that establishes standards for the international protection of intellectual property

49. Reasonable accommodation requirements by the ADA
the property that will benefit from a profit
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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

50. What composes an 'at will doctrine'
conditional gifts that are only accepted upon the performance of marriage
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
any party can terminate an employment arrangement at anytime no questions asked
a physical or mental impairment that substantially limits one or more major life activities