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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.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.

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. Outcome of unanimous not guilty?
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
cannot be tried again - no appeal
No - property gifts are common
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

2. In order to recieve protection what must one do?
the corporation could have prevented such acts
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
must effectively try to acquire protection as well as keep the secret
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

3. Necessity defense
10 years and it is renewable
criminal defense stating that a crime was necessary in preventing an even greater crime
this for that - sexual favors - general conduct however one incident is not enough
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

4. Remedies for patent infringement
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
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

5. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
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
offering someone who works at a different firm money for their trade secrets
this for that - sexual favors - general conduct however one incident is not enough

6. What is retaliatory discharge?
the property that is burdened by a profit
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
generally the use of a software to perform a job or deliver product

7. Reasonable accommodation requirements by the ADA
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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

8. Determining disability regarding with and without equipment?
cannot be tried again - no appeal
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
probable cause
work for a company with more than 50 employees - employed for a year - and must try to give notice

9. Mislaid property
generally the use of a software to perform a job or deliver product
voluntarily parted with at the time - but then later tries to find it
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
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

10. Gold club corporate criminal liability example?
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
it is a federal crime to use the us postal service to defraud others on false pretenses

11. Title VII prevents discrimination in?

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12. The madrid protocol 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
streamlines and standardizes the processes for applying for a trademark abroad
reverse engineer - go through garbage..
property of one person rightfully in possession of another - custody

13. License in trademark law?
offering someone who works at a different firm money for their trade secrets
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
agreement permitting use of a trademark
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

14. What could be considered as sexual harassment in the work place
prohibits excessive bail and fines - cruel and unusual punishment
secondary meaning
this for that - sexual favors - general conduct however one incident is not enough
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

15. The Berne Convention
breaking into a residence with the intent of performing a felony. this is a crime against 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
criminal defense stating that a crime was necessary in preventing an even greater crime
key words of a website that are used for search engines

16. Outcome of a unanimous guilty verdict?
reverse engineer - go through garbage..
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
can appeal - subject to new trial
birth - child placement - employee health - care for spouse - child - or parent - military duty

17. Steps to determining trademark infringement?
document by which title to property is passed
mistake of fact
process of hiding the source of illegally acquired funds
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

18. Concurrent ownership
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
multiple owners of real or personal property
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
intent when attached and will item be damaged because of removal? hard to determine

19. Larceny
test is originality - lasts life of creator - protection is automatic
generally the use of a software to perform a job or deliver product
criticism - use in satire - news report - use to educate
taking property away from the owner with the intent of permanently removing them of ownership

20. Example of an exception to the at will doctrine based on tort theory
crops is considered to be real property and should be considered in the sale of such property.
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
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

21. Example of an exception to the at will doctrine based on contract theory
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
mental state or intent part 2 of 2 for determining criminal liability
multiple owners of real or personal property

22. Copyright requirements
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
test is originality - lasts life of creator - protection is automatic

23. Business process patents involve?
generally the use of a software to perform a job or deliver product
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
any party can terminate an employment arrangement at anytime no questions asked
it is a federal crime to use the us postal service to defraud others on false pretenses

24. Are crops real property when they are sold?
who has been using it first or filed for it first
document by which title to property is passed
No - they are considered to be goods and is governed by the uniform commercial code
finder after obtaining a title

25. Engagement rings are considered to be?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
conditional gifts that are only accepted upon the performance of marriage
members cannot give nationals favorable treatment

26. Money laundering
a warranty that the buyer will not be disturbed in their possession of the land
process of hiding the source of illegally acquired funds
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
streamlines and standardizes the processes for applying for a trademark abroad

27. Employers should handle hostile environments regarding protected members of title 7 by?
owner of premise where it was found - after good title is acquired
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
can appeal - subject to new trial
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

28. Do Deeds require consideration to be valid?
distinctive decor - menu - style - service of an offering
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
given exclusive possession and control over property - and knowingly accept responsibility
No - property gifts are common

29. How is the right to use a trademark determined?
cannot be tried again - no appeal
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
crops is considered to be real property and should be considered in the sale of such property.
who has been using it first or filed for it first

30. Candyland example?
must effectively try to acquire protection as well as keep the secret
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

31. Meta tag example about terri welles
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

32. What is a license considered to be in real property law?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
members cannot give nationals favorable treatment

33. What is a conveyance?
a deed that transfers interest in a life estate from one to another
must effectively try to acquire protection as well as keep the secret
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
owner of premise where it was found - after good title is acquired

34. What is Actus Reus
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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

35. What composes an 'at will doctrine'
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
any party can terminate an employment arrangement at anytime no questions asked

36. Joint tenancy
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

37. Tenancy by the entirety - or community ownership
sally would possess an easement in this case - the right to travel across property owner peter's land
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
20 years from filing

38. Burglary
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
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
breaking into a residence with the intent of performing a felony. this is a crime against property.

39. What is an implied warranty of habitability?
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
secondary meaning
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

40. Americans with disabilities act accomplishes what?
can appeal - subject to new trial
10 year period renewable
it rewards citizens for putting land to good use rather than just sitting on expanses of property
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

41. 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?

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42. Difference between joint tenancy and tenancy in common?
owners of secret must try and protect - destroy garbage
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

43. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
sally would possess an easement in this case - the right to travel across property owner peter's land
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
a deed that transfers interest in a life estate from one to another
the corporation could have prevented such acts

44. The WARN act calls for what?
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
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
it is a federal crime to use the us postal service to defraud others on false pretenses

45. In order to prove discrimination in hiring one has to prove?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
process of hiding the source of illegally acquired funds
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
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

46. In real property law who is considered to be the dominant estate?
the property that will benefit from a profit
property of one person rightfully in possession of another - custody
intent when attached and will item be damaged because of removal? hard to determine
signed by hundreds of countries that establishes standards for the international protection of intellectual property

47. Strong Marks Case Example

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48. Certification mark
birth - child placement - employee health - care for spouse - child - or parent - military duty
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

49. What kind of mistake can be used as criminal defense?
mistake of fact
used by members of a cooperative organization to certify the quality of service or product
hours of employment - conditions - age of workers
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

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

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