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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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1. Constructive bailments are?
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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

2. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
the corporation could have prevented such acts
secondary meaning
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

3. Special Bailments
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
taking property away from the owner with the intent of permanently removing them of ownership
probable cause

4. Americans with disabilities act accomplishes what?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
another persons right to make limited use of another persons real property without taking anything away from the property

5. How is the right to use a trademark determined?
20 years from filing
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
sally would possess an easement in this case - the right to travel across property owner peter's land
who has been using it first or filed for it first

6. What could be considered as sexual harassment in the work place
sufficient evidence
fraudulent miss-use of funds that have been entrusted to them
this for that - sexual favors - general conduct however one incident is not enough
who has been using it first or filed for it first

7. What is the result of a mistrial or a hung jury?
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

8. Fair use is limited to?
No - but if they find any other reason - like you have been late often than you'll probably get fired
prohibits excessive bail and fines - cruel and unusual punishment
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
sufficient evidence

9. Mens Rea
the right to enter onto another persons property with the intentions of removing something valuable
the property that is burdened by a profit
mental state or intent part 2 of 2 for determining criminal liability
10 year period renewable

10. What is secondary meaning?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
can appeal - subject to new trial
arises when customers begin to associate a specific term or phrase with specific trademarked items
it rewards citizens for putting land to good use rather than just sitting on expanses of property

11. Workers comp and negligence
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

12. What protection does the 8th amendment provide?
owner of premise where it was found - after good title is acquired
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
intent when attached and will item be damaged because of removal? hard to determine
prohibits excessive bail and fines - cruel and unusual punishment

13. What is a conveyance?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
a deed that transfers interest in a life estate from one to another
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
probable cause

14. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
entry of a plea - guilty/ not guilty
No - property gifts are common

15. What is Actus Reus
No - property gifts are common
obtaining ownership by living on anothers property
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
secondary meaning

16. KSR Internation V. Teleflex INC. regarding what is patentable?
voluntarily parted with at the time - but then later tries to find it
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
secondary meaning

17. What is a profit under real property law?
streamlines and standardizes the processes for applying for a trademark abroad
the right to enter onto another persons property with the intentions of removing something valuable
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
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

18. Mislaid property
voluntarily parted with at the time - but then later tries to find it
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

19. Patents allow for the owner to?
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 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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

20. Requirements of a bailement
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
given exclusive possession and control over property - and knowingly accept responsibility
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
sexual harassment is protected under title 7 because it effects genders differently in the workplace

21. Roman Catholic Church V. Prince Reality Management regarding a license?
mental state or intent part 2 of 2 for determining criminal liability
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
taking property away from the owner with the intent of permanently removing them of ownership

22. Possible ruling interpretations for accession cases
distinctive decor - menu - style - service of an offering
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

23. 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
intent - delivery - acceptance
novel - useful - non obvious
hours of employment - conditions - age of workers

24. Title VII protected categories?
breaking into a residence with the intent of performing a felony. this is a crime against property.
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
race - sex - national origin - color - religion

25. 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.
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

26. 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?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
distinctive decor - menu - style - service of an offering
sally would possess an easement in this case - the right to travel across property owner peter's land
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

27. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

28. What are some criminal defenses
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

29. When property is found who gets property when it was abondoned?
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
a physical or mental impairment that substantially limits one or more major life activities
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
finder after obtaining a title

30. Generic terms can never have?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
secondary meaning
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

31. Meta tags
any party can terminate an employment arrangement at anytime no questions asked
criminal defense stating that a crime was necessary in preventing an even greater crime
work for a company with more than 50 employees - employed for a year - and must try to give notice
key words of a website that are used for search engines

32. Are commercial flights permitted to fly over private property?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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

33. How can you come to possess land through adverse possession?
defendent pleaded guilty to using the zig zag name to sell inferior product and was sentenced to prison and to only pay damages equal to the actual sellers of zig zag
living on another persons property - obviously - using the land for a specified amount of time. today it is generally only accidentally - i.e. fencing mistakes
No - they are considered to be goods and is governed by the uniform commercial code
generally the use of a software to perform a job or deliver product

34. In order to prove discrimination in hiring one has to prove?
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
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.
work for a company with more than 50 employees - employed for a year - and must try to give notice
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

35. Country club case
businesses cannot discriminate to the public - private clubs can but only to a certain degree - for example a club cannot say no black people - but if they only allow 60% of white people than its not solely based on color
breaking into a residence with the intent of performing a felony. this is a crime against property.
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
intent - delivery - acceptance

36. Discrimination during the hiring process is acceptable when?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
distinctive decor - menu - style - service of an offering
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

37. Can you be fired for whistle blowing?
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
generally the use of a software to perform a job or deliver product
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
No - but if they find any other reason - like you have been late often than you'll probably get fired

38. What composes an 'at will doctrine'
a deed that transfers interest in a life estate from one to another
any party can terminate an employment arrangement at anytime no questions asked
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
criminal defense stating that a crime was necessary in preventing an even greater crime

39. What must a deed possess to be valid?
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
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
it is a federal crime to use the us postal service to defraud others on false pretenses
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

40. When property is found that was mislaid who owns it?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
entry of a plea - guilty/ not guilty
owner of premise where it was found - after good title is acquired
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

41. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
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.
it is a federal crime to use the us postal service to defraud others on false pretenses
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

42. Attorney client privilege accomplishes what?
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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

43. How long is a trademark protected? is it renewable
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
crops is considered to be real property and should be considered in the sale of such property.
this for that - sexual favors - general conduct however one incident is not enough
10 years and it is renewable

44. Sexual harassment is treated as what?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
sexual harassment is protected under title 7 because it effects genders differently in the workplace
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

45. 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?
20 years from filing
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
secondary meaning
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

46. In the united states who gets the patent if there is a conflict?
can appeal - subject to new trial
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
first person to invent not file for patent
offering someone who works at a different firm money for their trade secrets

47. Fair use doctrine
another persons right to make limited use of another persons real property without taking anything away from the property
allows for use of copyrighted material under certain guidelines
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
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

48. 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
novel - useful - non obvious
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
voluntarily parted with at the time - but then later tries to find it

49. Responsible corporate officer doctrine?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
the property that is burdened by a profit
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

50. Example of how an idea can be inseparable from its expression
mistake of fact
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
criminal defense stating that a crime was necessary in preventing an even greater crime
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

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