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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. Example of an exception to the at will doctrine based on tort theory
a warranty that the buyer will not be disturbed in their possession of the land
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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

2. Employers should handle hostile environments regarding protected members of title 7 by?
a warranty that the buyer will not be disturbed in their possession of the land
streamlines and standardizes the processes for applying for a trademark abroad
secondary meaning
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

3. 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
voluntarily parted with at the time - but then later tries to find it
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

4. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
members cannot give nationals favorable treatment

5. Commercial bribery example
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
offering someone who works at a different firm money for their trade secrets
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

6. Members of the TRIPS agreement cannot do what?
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
members cannot give nationals favorable treatment
obtaining ownership by living on anothers property
a physical or mental impairment that substantially limits one or more major life activities

7. Country club case
it rewards citizens for putting land to good use rather than just sitting on expanses of property
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

8. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
key words of a website that are used for search engines
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
obtaining ownership by living on anothers property

9. Mens Rea
a warranty that the buyer will not be disturbed in their possession of the land
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
mental state or intent part 2 of 2 for determining criminal liability
No - but if they find any other reason - like you have been late often than you'll probably get fired

10. Can you be fired for whistle blowing?

11. What is legally a disability?
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 physical or mental impairment that substantially limits one or more major life activities
criticism - use in satire - news report - use to educate
a deed that transfers interest in a life estate from one to another

12. What are strong Marks?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
can appeal - subject to new trial
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

13. 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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
a warranty that the buyer will not be disturbed in their possession of the land
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

14. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
secondary meaning
owner of premise where it was found - after good title is acquired
the property that is burdened by a profit
agreement permitting use of a trademark

15. Collective mark
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
used by members of a cooperative organization to certify the quality of service or product
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
owners of secret must try and protect - destroy garbage

16. Are commercial flights permitted to fly over private property?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
arises when customers begin to associate a specific term or phrase with specific trademarked items
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

17. What is a license considered to be in real property law?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
prohibits excessive bail and fines - cruel and unusual punishment

18. Outcome of a unanimous guilty verdict?
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 for that - sexual favors - general conduct however one incident is not enough
entry of a plea - guilty/ not guilty
can appeal - subject to new trial

19. What are some criminal defenses
a warranty that the buyer will not be disturbed in their possession of the land
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
the property that will benefit from a profit

20. In order for a disability to be legally recognized what must exist?
record of such condition - being regarded as actually having a condition
streamlines and standardizes the processes for applying for a trademark abroad
process of hiding the source of illegally acquired funds
sexual harassment is protected under title 7 because it effects genders differently in the workplace

21. Arrest requires
allows for use of copyrighted material under certain guidelines
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
probable cause
prohibits excessive bail and fines - cruel and unusual punishment

22. What is an easement by implication?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
fraudulent miss-use of funds that have been entrusted to them
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
distinctive decor - menu - style - service of an offering

23. License in trademark law?
members cannot give nationals favorable treatment
the corporation could have prevented such acts
agreement permitting use of a trademark
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

24. Roman Catholic Church V. Prince Reality Management regarding a license?
the right to enter onto another persons property with the intentions of removing something valuable
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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

25. What terminates an easement?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
prohibits excessive bail and fines - cruel and unusual punishment
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
it rewards citizens for putting land to good use rather than just sitting on expanses of property

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

27. Is it a fixture?
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
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 deed that transfers interest in a life estate from one to another
intent when attached and will item be damaged because of removal? hard to determine

28. Mail fraud act example senator?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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

29. Tenancy by the entirety - or community ownership
streamlines and standardizes the processes for applying for a trademark abroad
hours of employment - conditions - age of workers
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

30. How are trade secrets treated and protected?
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
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
owners of secret must try and protect - destroy garbage
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

31. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
finder after obtaining a title
No - they are considered to be goods and is governed by the uniform commercial code
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

32. Napster example?
breaking into a residence with the intent of performing a felony. this is a crime against property.
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
secondary meaning

33. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
10 year period renewable
first person to invent not file for patent
conditional gifts that are only accepted upon the performance of marriage

34. Concurrent ownership
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
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
test is originality - lasts life of creator - protection is automatic
multiple owners of real or personal property

35. Workers comp and negligence

36. Steps to determining trademark infringement?
probable cause
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
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

37. What is not copyrightable?
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
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
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
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

38. What is retaliatory discharge?
who has been using it first or filed for it first
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
reverse engineer - go through garbage..
prohibits excessive bail and fines - cruel and unusual punishment

39. What could be considered as sexual harassment in the work place
entry of a plea - guilty/ not guilty
offering someone who works at a different firm money for their trade secrets
can appeal - subject to new trial
this for that - sexual favors - general conduct however one incident is not enough

40. Arraignment is what?
hours of employment - conditions - age of workers
entry of a plea - guilty/ not guilty
signed by hundreds of countries that establishes standards for the international protection of intellectual property
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

41. Avery conveys - transfers - to classic stone corporation the right to come onto her land and remove up to five hundred pounds of marble per day. What is this called? can classic stone corp. transfer this right?
probable cause
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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

42. Triple amount of damages definition
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
treble damages
20 years from filing
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

43. What uses fall under the fair use doctrine?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
criticism - use in satire - news report - use to educate
sally would possess an easement in this case - the right to travel across property owner peter's land
signed by hundreds of countries that establishes standards for the international protection of intellectual property

44. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
must effectively try to acquire protection as well as keep the secret
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
classic stone corp. owns a profit in gross - and cannot transfer this right to another

45. Mail Fraud Act of 1990 is what?
mental state or intent part 2 of 2 for determining criminal liability
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
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
it is a federal crime to use the us postal service to defraud others on false pretenses

46. Attorney client privilege accomplishes what?
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
taking property away from the owner with the intent of permanently removing them of ownership
members cannot give nationals favorable treatment
classic stone corp. owns a profit in gross - and cannot transfer this right to another

47. 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
distinctive decor - menu - style - service of an offering
multiple owners of real or personal property
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

48. In order to prove discrimination in hiring one has to prove?
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
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
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
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

49. What is the determining issue when proving entrapment?
ownership rights to property
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
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

50. What are the requirements for adverse possession to be recognized?
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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