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Business Law Yale

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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. Outcome of unanimous not guilty?
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
cannot be tried again - no appeal
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

2. What determines likeliness of confusion?
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
document by which title to property is passed

3. Determining disability regarding with and without equipment?
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
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
breaking into a residence with the intent of performing a felony. this is a crime against property.

4. Outcome of a unanimous guilty verdict?
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
can appeal - subject to new trial
used by members of a cooperative organization to certify the quality of service or product
taking property away from the owner with the intent of permanently removing them of ownership

5. Difference between joint tenancy and tenancy in common?
race - sex - national origin - color - religion
a physical or mental impairment that substantially limits one or more major life activities
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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

6. Mistake of fact criminal defense example

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7. How long are patents protected?
20 years from filing
mental state or intent part 2 of 2 for determining criminal liability
probable cause
treble damages

8. The madrid protocol accomplishes what?
criticism - use in satire - news report - use to educate
probable cause
streamlines and standardizes the processes for applying for a trademark abroad
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

9. Indictment requires
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
another persons right to make limited use of another persons real property without taking anything away from the property
sufficient evidence

10. Money laundering
process of hiding the source of illegally acquired funds
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
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

11. What is an implied warranty of habitability?
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.
document by which title to property is passed
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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

12. Burglary
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
document by which title to property is passed
the corporation could have prevented such acts
breaking into a residence with the intent of performing a felony. this is a crime against property.

13. EEOC is responsible for doing what?
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

14. How can you come to possess land through adverse possession?
agreement permitting use of a trademark
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
race - sex - national origin - color - religion

15. What is protected expression?
multiple owners of real or personal property
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
signed by hundreds of countries that establishes standards for the international protection of intellectual property

16. The WARN act calls for what?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

17. 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
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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

18. Are compilation of facts copyrightable? case example
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
sufficient evidence
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

19. In real property law who is considered to be the servient estate?
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
offering someone who works at a different firm money for their trade secrets
the property that is burdened by a profit
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

20. What composes RICO?
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
the corporation could have prevented such acts
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
mistake of fact

21. Special Bailments
allows for use of copyrighted material under certain guidelines
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
mistake of fact
it is a federal crime to use the us postal service to defraud others on false pretenses

22. Drake V. Walton County regarding the county taking property
distinctive decor - menu - style - service of an offering
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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.
crops is considered to be real property and should be considered in the sale of such property.

23. Members of the TRIPS agreement cannot do what?
another persons right to make limited use of another persons real property without taking anything away from the property
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
members cannot give nationals favorable treatment
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

24. Counterfeiting example? regarding punishment
mistake of fact
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
finder after obtaining a title

25. Meta tags
ruled that teleflex's patent was invalid because the innovation was obvious proven because anyone of similar skill or talents could have put trademarks that were already in place together to make the new product - court ruled that this limits the res
No - they are considered to be goods and is governed by the uniform commercial code
key words of a website that are used for search engines
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

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

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27. Steps to determining trademark infringement?
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
race - sex - national origin - color - religion
generally the use of a software to perform a job or deliver product
key words of a website that are used for search engines

28. Cybersquatting
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
owner of premise where it was found - after good title is acquired
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

29. Example of an exception to the at will doctrine based on tort theory
voluntarily parted with at the time - but then later tries to find it
who has been using it first or filed for it first
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
members cannot give nationals favorable treatment

30. Purpose of criminal penalties?
any party can terminate an employment arrangement at anytime no questions asked
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

31. Patents allow for the owner to?
record of such condition - being regarded as actually having a condition
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
secondary meaning
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

32. Mens Rea
birth - child placement - employee health - care for spouse - child - or parent - military duty
mental state or intent part 2 of 2 for determining criminal liability
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

33. How is the right to use a trademark determined?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
the corporation could have prevented such acts
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
who has been using it first or filed for it first

34. What kind of mistake can be used as criminal defense?
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
mistake of fact
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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

35. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

36. What is the result of a mistrial or a hung jury?
hours of employment - conditions - age of workers
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
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
arises when customers begin to associate a specific term or phrase with specific trademarked items

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

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38. Reasonable accommodation requirements by the ADA
No - they are considered to be goods and is governed by the uniform commercial code
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
any party can terminate an employment arrangement at anytime no questions asked

39. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
mistake of fact
must effectively try to acquire protection as well as keep the secret
treble damages

40. 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
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

41. 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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42. 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?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

43. Meta tag example about terri welles
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
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
secondary meaning
streamlines and standardizes the processes for applying for a trademark abroad

44. Employers should handle hostile environments regarding protected members of title 7 by?
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
distinctive decor - menu - style - service of an offering

45. What conditions are covered by the family medical leave act?
birth - child placement - employee health - care for spouse - child - or parent - military duty
generally the use of a software to perform a job or deliver product
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
mistake of fact

46. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
the corporation could have prevented such acts
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
it rewards citizens for putting land to good use rather than just sitting on expanses of property
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

47. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
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
used by members of a cooperative organization to certify the quality of service or product
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

48. Estray statutes encourage what?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
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
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

49. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
sally would possess an easement in this case - the right to travel across property owner peter's land

50. Business process patents involve?
generally the use of a software to perform a job or deliver product
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

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