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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. What happens when land is sold that is growing crops?
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
cannot be tried again - no appeal
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
crops is considered to be real property and should be considered in the sale of such property.

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

3. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
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
secondary meaning

4. Workers comp and negligence

5. Age discrimination achieves what?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
a warranty that the buyer will not be disturbed in their possession of the land
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

6. Trademark dilution
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
record of such condition - being regarded as actually having a condition
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
generally the use of a software to perform a job or deliver product

7. Examples of collective marks
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
it is a federal crime to use the us postal service to defraud others on false pretenses
sexual harassment is protected under title 7 because it effects genders differently in the workplace
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

8. Necessity defense
offering someone who works at a different firm money for their trade secrets
criminal defense stating that a crime was necessary in preventing an even greater crime
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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

9. What composes RICO?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
multiple owners of real or personal property

10. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
property of one person rightfully in possession of another - custody

11. Fair use doctrine
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
allows for use of copyrighted material under certain guidelines
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
No - property gifts are common

12. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
arises when customers begin to associate a specific term or phrase with specific trademarked items
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
document by which title to property is passed

13. How can someone legally acquire trade secrets?
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
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
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
reverse engineer - go through garbage..

14. What is the purpose of the adverse possession doctrine?
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
criminal defense stating that a crime was necessary in preventing an even greater crime
it rewards citizens for putting land to good use rather than just sitting on expanses of property

15. Certification mark
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

16. What is protected expression?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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.
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

17. In real property law who is considered to be the servient estate?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
the property that is burdened by a profit
generally the use of a software to perform a job or deliver product

18. Copyright requirements
test is originality - lasts life of creator - protection is automatic
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
intent - delivery - acceptance

19. What is an easement by prescription?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
the property that is burdened by a profit
secondary meaning
probable cause

20. How long are patents protected?
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
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
20 years from filing

21. Strong Marks Case Example

22. 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
hours of employment - conditions - age of workers
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
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

23. Trademarks are good for? are they renewable
A deed that includes a number of covenants that gives the buyer the buyer the most protection. Affirms the buyer can easily possess what has been mentioned in the deed
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
10 year period renewable
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

24. Mislaid property
secondary meaning
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
mistake of fact
voluntarily parted with at the time - but then later tries to find it

25. What terminates an easement?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
process of hiding the source of illegally acquired funds
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
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

26. What is an easement by implication?
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

27. What is a Deed
another persons right to make limited use of another persons real property without taking anything away from the property
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
document by which title to property is passed
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

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

29. The EEOC requires that victims do what before they hold employers liable?
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
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
distinctive decor - menu - style - service of an offering
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

30. What is the difference between real and personal property?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

31. What protection does the 6th amendment provide?
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

32. Napster example?
fraudulent miss-use of funds that have been entrusted to them
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
it rewards citizens for putting land to good use rather than just sitting on expanses of property
voluntarily parted with at the time - but then later tries to find it

33. EEOC is responsible for doing what?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
10 years and it is renewable
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

34. 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?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
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
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

35. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
used by members of a cooperative organization to certify the quality of service or product
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

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

37. Purpose of criminal penalties?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
voluntarily parted with at the time - but then later tries to find it

38. Meta tag example about terri welles
test is originality - lasts life of creator - protection is automatic
20 years from filing
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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

39. Arrest requires
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
probable cause
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

40. Burglary
breaking into a residence with the intent of performing a felony. this is a crime against property.
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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

41. How can you come to possess land through adverse possession?
a physical or mental impairment that substantially limits one or more major life activities
court found that sambucks caused significant confusion required to harm the value of starbacks 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
voluntarily parted with at the time - but then later tries to find it

42. What could be considered as sexual harassment in the work place
classic stone corp. owns a profit in gross - and cannot transfer this right to another
this for that - sexual favors - general conduct however one incident is not enough
distinctive decor - menu - style - service of an offering
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

43. Tenancy by the entirety - or community ownership
it is a federal crime to use the us postal service to defraud others on false pretenses
first person to invent not file for patent
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

44. Engagement rings are considered to be?
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
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
conditional gifts that are only accepted upon the performance of marriage
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

45. Bailments are?
property of one person rightfully in possession of another - custody
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
any party can terminate an employment arrangement at anytime no questions asked
given exclusive possession and control over property - and knowingly accept responsibility

46. What kind of mistake can be used as criminal defense?
race - sex - national origin - color - religion
mistake of fact
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
the right to enter onto another persons property with the intentions of removing something valuable

47. License in trademark law?
process of hiding the source of illegally acquired funds
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
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
agreement permitting use of a trademark

48. Mistake of fact criminal defense example

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

50. What is secondary meaning?
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.
mistake of fact
must effectively try to acquire protection as well as keep the secret
arises when customers begin to associate a specific term or phrase with specific trademarked items