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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. Significance of coca-cola V. koke Co of America
another persons right to make limited use of another persons real property without taking anything away from the property
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

2. Reverse discrimination example firefighters
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
generally the use of a software to perform a job or deliver product
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
this for that - sexual favors - general conduct however one incident is not enough

3. Robbery
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
intent when attached and will item be damaged because of removal? hard to determine
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

4. Gold club corporate criminal liability example?
another persons right to make limited use of another persons real property without taking anything away from the property
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
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

5. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
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
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
ownership rights to property

6. 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
No - but if they find any other reason - like you have been late often than you'll probably get fired
the property that is burdened by a profit
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

7. In order to prove discrimination in hiring one has to prove?
first person to invent not file for patent
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
generally the use of a software to perform a job or deliver product
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

8. Example of an exception to the at will doctrine based on contract theory
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 years from filing
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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

9. Fair labor standards act covers issues such as?
distinctive decor - menu - style - service of an offering
hours of employment - conditions - age of workers
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
10 years and it is renewable

10. In real property law who is considered to be the servient estate?
the property that is burdened by a profit
classic stone corp. owns a profit in gross - and cannot transfer this right to another
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
multiple owners of real or personal property

11. Mislaid property
finder after obtaining a title
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
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
voluntarily parted with at the time - but then later tries to find it

12. What are some criminal defenses
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
this for that - sexual favors - general conduct however one incident is not enough

13. What is can be considered trade dress?
distinctive decor - menu - style - service of an offering
any party can terminate an employment arrangement at anytime no questions asked
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
the corporation could have prevented such acts

14. What is the determining issue when proving entrapment?
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
owner of premise where it was found - after good title is acquired
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

15. What is an easement by implication?
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
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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

16. How can you come to possess land through adverse possession?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
No - but if they find any other reason - like you have been late often than you'll probably get fired
first person to invent not file for patent
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

17. In order for a disability to be legally recognized what must exist?
record of such condition - being regarded as actually having a condition
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
work for a company with more than 50 employees - employed for a year - and must try to give notice
intent - delivery - acceptance

18. License in trademark law?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
agreement permitting use of a trademark
a deed that transfers interest in a life estate from one to another

19. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
this for that - sexual favors - general conduct however one incident is not enough
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

20. What kind of mistake can be used as criminal defense?
who has been using it first or filed for it first
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
mistake of fact

21. What is a warranty deed?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
streamlines and standardizes the processes for applying for a trademark abroad
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

22. What is an implied warranty of habitability?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
must effectively try to acquire protection as well as keep the secret
finder after obtaining a title
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

23. Patents allow for the owner to?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
the property that is burdened by a profit
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

24. What composes an 'at will doctrine'
any party can terminate an employment arrangement at anytime no questions asked
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
a deed that transfers interest in a life estate from one to another
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

25. Meta tags
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
given exclusive possession and control over property - and knowingly accept responsibility
20 years from filing
key words of a website that are used for search engines

26. Engagement rings are considered to be?
the property that is burdened by a profit
conditional gifts that are only accepted upon the performance of marriage
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another

27. 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?
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
ownership rights to property
classic stone corp. owns a profit in gross - and cannot transfer this right to another

28. Country club case
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
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
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
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

29. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
secondary meaning
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
the corporation could have prevented such acts

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

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31. Steps to determining trademark infringement?
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
probable cause
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

32. Drake V. Walton County regarding the county taking property
another persons right to make limited use of another persons real property without taking anything away from the property
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.
ownership rights to property
this for that - sexual favors - general conduct however one incident is not enough

33. Fair use doctrine
10 year period renewable
can appeal - subject to new trial
allows for use of copyrighted material under certain guidelines
a deed that transfers interest in a life estate from one to another

34. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
criticism - use in satire - news report - use to educate
birth - child placement - employee health - care for spouse - child - or parent - military duty
streamlines and standardizes the processes for applying for a trademark abroad

35. Outcome of a unanimous guilty verdict?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
can appeal - subject to new trial
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

36. Bailments are?
property of one person rightfully in possession of another - custody
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
it rewards citizens for putting land to good use rather than just sitting on expanses of property
reverse engineer - go through garbage..

37. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
secondary meaning
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
another persons right to make limited use of another persons real property without taking anything away from the property
arises when customers begin to associate a specific term or phrase with specific trademarked items

38. Burglary
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
breaking into a residence with the intent of performing a felony. this is a crime against property.
work for a company with more than 50 employees - employed for a year - and must try to give notice
novel - useful - non obvious

39. What is a profit under real property law?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
the right to enter onto another persons property with the intentions of removing something valuable

40. Cybersquatting
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
crops is considered to be real property and should be considered in the sale of such property.
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

41. Arraignment is what?
entry of a plea - guilty/ not guilty
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.
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
novel - useful - non obvious

42. What uses fall under the fair use doctrine?
reverse engineer - go through garbage..
the property that will benefit from a profit
given exclusive possession and control over property - and knowingly accept responsibility
criticism - use in satire - news report - use to educate

43. Certification mark
It was ruled that darst had the right to receive treatment for alcoholism under the FLMA - but his inability or refusal to go to work because of substance abuse did not fall under the FMLA
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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

44. Are compilation of facts copyrightable? case example
cannot be tried again - no appeal
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

45. Special Bailments
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
process of hiding the source of illegally acquired funds
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

46. Roman Catholic Church V. Prince Reality Management regarding a license?
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
obtaining ownership by living on anothers property
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

47. Purpose of criminal penalties?
cannot be tried again - no appeal
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
mistake of fact
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

48. What is the purpose of the adverse possession doctrine?
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
it rewards citizens for putting land to good use rather than just sitting on expanses of 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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

49. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
novel - useful - non obvious
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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

50. When property is found who gets property when it was abondoned?
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
finder after obtaining a title
streamlines and standardizes the processes for applying for a trademark abroad