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Business Law Yale

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Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.

1. Tenancy by the entirety - or community ownership
agreement permitting use of a trademark
prohibits excessive bail and fines - cruel and unusual punishment
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

2. What composes RICO?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
another persons right to make limited use of another persons real property without taking anything away from the 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
allows for use of copyrighted material under certain guidelines

3. Copyright requirements
mental state or intent part 2 of 2 for determining criminal liability
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
sexual harassment is protected under title 7 because it effects genders differently in the workplace
test is originality - lasts life of creator - protection is automatic

4. Joint tenancy
intent - delivery - acceptance
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
generally the use of a software to perform a job or deliver product

5. Do Deeds require consideration to be valid?
No - property gifts are common
reverse engineer - go through garbage..
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

6. In order for a disability to be legally recognized what must exist?
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
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
record of such condition - being regarded as actually having a condition
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

7. Possible ruling interpretations for accession cases
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
can appeal - subject to new trial
mistake of fact

8. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
distinctive decor - menu - style - service of an offering
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

9. Reverse discrimination example firefighters
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
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
document by which title to property is passed

10. What is legally a disability?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
a physical or mental impairment that substantially limits one or more major life activities
sally would possess an easement in this case - the right to travel across property owner peter's land

11. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
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
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

12. Dominion
the right to enter onto another persons property with the intentions of removing something valuable
owner of premise where it was found - after good title is acquired
ownership rights to property
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

13. Responsible corporate officer doctrine?
a physical or mental impairment that substantially limits one or more major life activities
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
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

14. What is a profit under real property law?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
the right to enter onto another persons property with the intentions of removing something valuable
must effectively try to acquire protection as well as keep the secret

15. Employers should handle hostile environments regarding protected members of title 7 by?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
conditional gifts that are only accepted upon the performance of marriage
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

16. Patent Requirements
the property that will benefit from a profit
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
novel - useful - non obvious

17. Facts to be used in the fair use standard are?
a physical or mental impairment that substantially limits one or more major life activities
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

18. TRIPS agreement
intent - delivery - acceptance
signed by hundreds of countries that establishes standards for the international protection of intellectual 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.
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

19. Steps to determining trademark infringement?
voluntarily parted with at the time - but then later tries to find it
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
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

20. What is protected expression?
crops is considered to be real property and should be considered in the sale of such property.
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

21. Triple amount of damages definition
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
the church gave prince a license to erect a plywood wall to protect a construction site - but they placed steel pillars in the licensed area. the court ruled this to be trespassing
if someone cannot walk without a brace - they are disabled - if someone cannot see without glasses but with glasses they see fine - they are not disabled - you cannot discriminate if someone is capable of performing their duties based on how they are
treble damages

22. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
a deed that transfers interest in a life estate from one to another
breaking into a residence with the intent of performing a felony. this is a crime against property.
criticism - use in satire - news report - use to educate

23. What is a conveyance?
another persons right to make limited use of another persons real property without taking anything away from the property
secondary meaning
key words of a website that are used for search engines
a deed that transfers interest in a life estate from one to another

24. Attorney client privilege accomplishes what?
hours of employment - conditions - age of workers
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
treble damages

25. In order to prove discrimination in hiring one has to prove?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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

26. License in trademark law?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
agreement permitting use of a trademark
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

27. Necessity defense
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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

28. Derivative work
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
taking property away from the owner with the intent of permanently removing them of ownership
sally would possess an easement in this case - the right to travel across property owner peter's land
can appeal - subject to new trial

29. What happens when land is sold that is growing crops?
crops is considered to be real property and should be considered in the sale of such property.
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
offering someone who works at a different firm money for their trade secrets

30. How can someone legally acquire trade secrets?
reverse engineer - go through garbage..
distinctive decor - menu - style - service of an offering
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
novel - useful - non obvious

31. Remedies for patent infringement
prohibits excessive bail and fines - cruel and unusual punishment
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
agreement permitting use of a trademark
process of hiding the source of illegally acquired funds

32. Indictment requires
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
sufficient evidence

33. What is the purpose of the adverse possession doctrine?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
it rewards citizens for putting land to good use rather than just sitting on expanses of property
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
first person to invent not file for patent

34. What is a Deed
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
document by which title to property is passed
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

35. What determines likeliness of confusion?
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.
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

36. What is not copyrightable?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
members cannot give nationals favorable treatment
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

37. Purpose of criminal penalties?
ownership rights to property
fraudulent miss-use of funds that have been entrusted to them
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

38. Napster example?
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
No - they are considered to be goods and is governed by the uniform commercial code
10 years and it is renewable

39. Candyland example?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
first person to invent not file for patent

40. Determining disability regarding with and without equipment?
owner of premise where it was found - after good title is acquired
agreement permitting use of a trademark
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
criticism - use in satire - news report - use to educate

41. Outcome of unanimous not guilty?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
cannot be tried again - no appeal
work for a company with more than 50 employees - employed for a year - and must try to give notice

42. What are the requirements for making a gift an effective transfer of 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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
the right to enter onto another persons property with the intentions of removing something valuable
intent - delivery - acceptance

43. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
20 years from filing

44. Special Bailments
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

45. Meta tag example about terri welles
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
allows for use of copyrighted material under certain guidelines

46. How long is a copyright protected? for a corporation?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
10 years and it is 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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

47. Roman Catholic Church V. Prince Reality Management regarding a license?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
property of one person rightfully in possession of another - custody
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

48. What is a job offer?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
cannot be tried again - no appeal

49. What conditions are covered by the family medical leave act?
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 the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
birth - child placement - employee health - care for spouse - child - or parent - military duty

50. Mail fraud act example senator?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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 property that will benefit from a profit
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent