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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. In order to prove discrimination in hiring one has to prove?
obtaining ownership by living on anothers property
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
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
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

2. Employers should handle hostile environments regarding protected members of title 7 by?
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

3. What is a job offer?
used by members of a cooperative organization to certify the quality of service or product
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
must effectively try to acquire protection as well as keep the secret
owner of premise where it was found - after good title is acquired

4. Embezzlement
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
fraudulent miss-use of funds that have been entrusted to them
owner of premise where it was found - after good title is acquired

5. What is Actus Reus
record of such condition - being regarded as actually having a condition
offering someone who works at a different firm money for their trade secrets
prohibits excessive bail and fines - cruel and unusual punishment
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

6. Meta tag example about terri welles
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
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

7. Special Bailments
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
20 years from filing
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

8. Money laundering
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
sally would possess an easement in this case - the right to travel across property owner peter's land
process of hiding the source of illegally acquired funds

9. Tenancy by the entirety - or community ownership
owners of secret must try and protect - destroy garbage
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

10. Arraignment is what?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
entry of a plea - guilty/ not guilty
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

11. What is retaliatory discharge?
allows for use of copyrighted material under certain guidelines
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
arises when customers begin to associate a specific term or phrase with specific trademarked items
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

12. Business process patents involve?
generally the use of a software to perform a job or deliver product
secondary meaning
reverse engineer - go through garbage..
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

13. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
sufficient evidence
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

14. How long is a copyright protected? for a corporation?
probable cause
mental state or intent part 2 of 2 for determining criminal liability
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

15. Bailments are?
property of one person rightfully in possession of another - custody
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
members cannot give nationals favorable treatment
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

16. Title VII prevents discrimination in?

17. Arrest requires
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
No - but if they find any other reason - like you have been late often than you'll probably get fired
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
probable cause

18. Secondary Meaning Example frosty treats
intent - delivery - acceptance
cannot be tried again - no appeal
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

19. Is it a fixture?
taking property away from the owner with the intent of permanently removing them of ownership
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
intent when attached and will item be damaged because of removal? hard to determine
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

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

21. Joint tenancy
signed by hundreds of countries that establishes standards for the international protection of intellectual property
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
fraudulent miss-use of funds that have been entrusted to them

22. How is the right to use a trademark determined?
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
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
who has been using it first or filed for it first

23. Counterfeiting example? regarding punishment
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
fraudulent miss-use of funds that have been entrusted to them

24. Commercial bribery example
offering someone who works at a different firm money for their trade secrets
agreement permitting use of a trademark
20 years from filing
breaking into a residence with the intent of performing a felony. this is a crime against property.

25. Meta tags
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
owner of premise where it was found - after good title is acquired

26. Workers comp and negligence

27. TRIPS agreement
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
cannot be tried again - no appeal
entry of a plea - guilty/ not guilty
signed by hundreds of countries that establishes standards for the international protection of intellectual property

28. Trademark dilution
work for a company with more than 50 employees - employed for a year - and must try to give notice
streamlines and standardizes the processes for applying for a trademark abroad
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
taking property away from the owner with the intent of permanently removing them of ownership

29. What terminates an easement?
obtaining ownership by living on anothers property
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
it is a federal crime to use the us postal service to defraud others on false pretenses
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

30. Patent Requirements
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
intent when attached and will item be damaged because of removal? hard to determine
novel - useful - non obvious
breaking into a residence with the intent of performing a felony. this is a crime against property.

31. What happens when land is sold that is growing crops?
crops is considered to be real property and should be considered in the sale of such property.
entry of a plea - guilty/ not guilty
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
20 years from filing

32. What kind of mistake can be used as criminal defense?
voluntarily parted with at the time - but then later tries to find it
members cannot give nationals favorable treatment
mistake of fact
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

33. Tenancy in common
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
voluntarily parted with at the time - but then later tries to find it

34. How can you come to possess land through adverse possession?
No - they are considered to be goods and is governed by the uniform commercial code
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property

35. What is a conveyance?
the property that will benefit from a profit
a deed that transfers interest in a life estate from one to another
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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

36. What are the requirements for making a gift an effective transfer of ownership?
can appeal - subject to new trial
the right to enter onto another persons property with the intentions of removing something valuable
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
intent - delivery - acceptance

37. In order for a disability to be legally recognized what must exist?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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.
record of such condition - being regarded as actually having a condition
criminal defense stating that a crime was necessary in preventing an even greater crime

38. How can someone legally acquire trade secrets?
reverse engineer - go through garbage..
voluntarily parted with at the time - but then later tries to find it
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
offering someone who works at a different firm money for their trade secrets

39. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
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

40. What is the determining issue when proving entrapment?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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

41. What is protected expression?
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

42. What is a warranty deed?
mistake of fact
secondary meaning
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
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

43. Napster example?
obtaining ownership by living on anothers property
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
multiple owners of real or personal property

44. What are the requirements for adverse possession to be recognized?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
treble damages
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal 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

45. Responsible corporate officer doctrine?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
the property that is burdened by a profit

46. Examples of collective marks
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.
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
another persons right to make limited use of another persons real property without taking anything away from the 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

47. Robbery
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

48. Title VII protected categories?
offering someone who works at a different firm money for their trade secrets
race - sex - national origin - color - religion
property of one person rightfully in possession of another - custody
generally the use of a software to perform a job or deliver product

49. Sambucks vs. starbucks
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
process of hiding the source of illegally acquired funds
signed by hundreds of countries that establishes standards for the international protection of intellectual property
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

50. 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?
allows for use of copyrighted material under certain guidelines
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused