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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. Attorney client privilege accomplishes what?
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
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
secondary meaning
race - sex - national origin - color - religion

2. What composes RICO?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

3. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
voluntarily parted with at the time - but then later tries to find it

4. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
taking property away from the owner with the intent of permanently removing them of ownership
secondary meaning
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

5. Fair labor standards act covers issues such as?
obtaining ownership by living on anothers property
hours of employment - conditions - age of workers
key words of a website that are used for search engines
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

6. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
this for that - sexual favors - general conduct however one incident is not enough
sally would possess an easement in this case - the right to travel across property owner peter's land
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

7. Service mark
fraudulent miss-use of funds that have been entrusted to them
secondary meaning
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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

8. Mislaid property
distinctive decor - menu - style - service of an offering
voluntarily parted with at the time - but then later tries to find it
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

9. Outcome of a unanimous guilty verdict?
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 appeal - subject to new trial
classic stone corp. owns a profit in gross - and cannot transfer this right to another
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

10. KSR Internation V. Teleflex INC. regarding what is patentable?

11. What are the requirements for adverse possession to be recognized?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
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
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

12. Adverse possession
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
obtaining ownership by living on anothers property
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

13. When property is found that was mislaid who owns it?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
owner of premise where it was found - after good title is acquired
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
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

14. Embezzlement
owners of secret must try and protect - destroy garbage
a deed that transfers interest in a life estate from one to another
fraudulent miss-use of funds that have been entrusted to them
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

15. 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
given exclusive possession and control over property - and knowingly accept responsibility
cannot be tried again - no appeal
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

16. Copyright requirements
criticism - use in satire - news report - use to educate
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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

17. Special Bailments
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
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
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

18. How long are patents protected?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
document by which title to property is passed
20 years from filing
fraudulent miss-use of funds that have been entrusted to them

19. Drake V. Walton County regarding the county taking property
given exclusive possession and control over property - and knowingly accept responsibility
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
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.
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

20. How is the right to use a trademark determined?
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
who has been using it first or filed for it first
can appeal - subject to new trial
streamlines and standardizes the processes for applying for a trademark abroad

21. Secondary Meaning Example frosty treats
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.
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
prohibits excessive bail and fines - cruel and unusual punishment

22. What protection does the 8th amendment provide?
breaking into a residence with the intent of performing a felony. this is a crime against property.
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
criminal defense stating that a crime was necessary in preventing an even greater crime
prohibits excessive bail and fines - cruel and unusual punishment

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

24. Larceny
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
taking property away from the owner with the intent of permanently removing them of ownership
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

25. Collective mark
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
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
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
used by members of a cooperative organization to certify the quality of service or product

26. Steps to determining trademark infringement?
secondary meaning
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
20 years from filing
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

27. Purpose of criminal penalties?
sufficient evidence
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
can appeal - subject to new trial
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

28. Members of the TRIPS agreement cannot do 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
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
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
members cannot give nationals favorable treatment

29. Cybersquatting
probable cause
race - sex - national origin - color - religion
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

30. In order to recieve protection what must one do?
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
must effectively try to acquire protection as well as keep the secret
key words of a website that are used for search engines
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

31. What is a covenant of quiet enjoyment?
any party can terminate an employment arrangement at anytime no questions asked
the right to enter onto another persons property with the intentions of removing something valuable
intent - delivery - acceptance
a warranty that the buyer will not be disturbed in their possession of the land

32. In order to prove discrimination in hiring one has to prove?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
document by which title to property is passed
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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

33. What is a license considered to be in real property law?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

34. Significance of coca-cola V. koke Co of America
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
process of hiding the source of illegally acquired funds

35. TRIPS agreement
document by which title to property is passed
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
signed by hundreds of countries that establishes standards for the international protection of intellectual property

36. Burglary
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
10 year period renewable
breaking into a residence with the intent of performing a felony. this is a crime against property.

37. What is not copyrightable?
race - sex - national origin - color - religion
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
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
agreement permitting use of a trademark

38. Country club case
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
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
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
taking property away from the owner with the intent of permanently removing them of ownership

39. The madrid protocol accomplishes what?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
streamlines and standardizes the processes for applying for a trademark abroad
can appeal - subject to new trial

40. Commercial bribery example
a deed that transfers interest in a life estate from one to another
owner of premise where it was found - after good title is acquired
offering someone who works at a different firm money for their trade secrets
20 years from filing

41. Candyland example?
property of one person rightfully in possession of another - custody
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
generally the use of a software to perform a job or deliver product
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

42. What is protected expression?
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
record of such condition - being regarded as actually having a condition
No - they are considered to be goods and is governed by the uniform commercial code

43. What happens when land is sold that is growing crops?
owner of premise where it was found - after good title is acquired
crops is considered to be real property and should be considered in the sale of such property.
sally would possess an easement in this case - the right to travel across property owner peter's land
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

44. In order for a disability to be legally recognized what must exist?
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
record of such condition - being regarded as actually having a condition

45. Strong Marks Case Example

46. George V restauration s.a. V. Little Rest Twelve licensing case example

47. Counterfeiting example? regarding punishment
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

48. 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?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
it rewards citizens for putting land to good use rather than just sitting on expanses of property
cannot be tried again - no appeal

49. Difference between joint tenancy and tenancy in common?
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
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
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
property of one person rightfully in possession of another - custody

50. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
given exclusive possession and control over property - and knowingly accept responsibility
who has been using it first or filed for it first