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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. 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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
any party can terminate an employment arrangement at anytime no questions asked
secondary meaning

2. Commercial bribery example
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
it rewards citizens for putting land to good use rather than just sitting on expanses of property
offering someone who works at a different firm money for their trade secrets
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

3. What is the determining issue when proving 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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
generally the use of a software to perform a job or deliver 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

4. Discrimination during the hiring process is acceptable when?
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
the property that is burdened by a profit
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

5. Estray statutes encourage what?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
sally would possess an easement in this case - the right to travel across property owner peter's land
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
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

6. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
novel - useful - non obvious
the corporation could have prevented such acts
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
10 year period renewable

7. Can you be fired for whistle blowing?

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8. What is the difference between real and personal property?
mistake of fact
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

9. Outcome of a unanimous guilty verdict?
hours of employment - conditions - age of workers
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
can appeal - subject to new trial

10. Possible ruling interpretations for accession cases
criminal defense stating that a crime was necessary in preventing an even greater crime
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
mental state or intent part 2 of 2 for determining criminal liability

11. What protection does the 8th amendment provide?
a warranty that the buyer will not be disturbed in their possession of the land
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
prohibits excessive bail and fines - cruel and unusual punishment
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

12. Roman Catholic Church V. Prince Reality Management regarding a license?
treble damages
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
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
a physical or mental impairment that substantially limits one or more major life activities

13. How long are patents protected?
sally would possess an easement in this case - the right to travel across property owner peter's land
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
20 years from filing
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

14. Tenancy by the entirety - or community ownership
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
offering someone who works at a different firm money for their trade secrets
prohibits excessive bail and fines - cruel and unusual punishment
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

15. 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
secondary meaning
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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

16. Candyland example?
breaking into a residence with the intent of performing a felony. this is a crime against property.
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
the corporation could have prevented such acts
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

17. What is a profit under real property law?
who has been using it first or filed for it first
cannot be tried again - no appeal
the right to enter onto another persons property with the intentions of removing something valuable
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

18. What terminates an easement?
it is a federal crime to use the us postal service to defraud others on false pretenses
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
No - they are considered to be goods and is governed by the uniform commercial code

19. 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?
key words of a website that are used for search engines
birth - child placement - employee health - care for spouse - child - or parent - military duty
classic stone corp. owns a profit in gross - and cannot transfer this right to another
first person to invent not file for patent

20. Meta tags
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
key words of a website that are used for search engines
allows for use of copyrighted material under certain guidelines
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

21. TRIPS agreement
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
a warranty that the buyer will not be disturbed in their possession of the land
birth - child placement - employee health - care for spouse - child - or parent - military duty
signed by hundreds of countries that establishes standards for the international protection of intellectual property

22. Necessity defense
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
criminal defense stating that a crime was necessary in preventing an even greater crime
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
finder after obtaining a title

23. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
process of hiding the source of illegally acquired funds
20 years from filing

24. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
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
10 year period renewable
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

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

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26. What kind of mistake can be used as criminal defense?
mistake of fact
breaking into a residence with the intent of performing a felony. this is a crime against 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.
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

27. Outcome of unanimous not guilty?
cannot be tried again - no appeal
treble damages
key words of a website that are used for search engines
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

28. What is Actus Reus
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 motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

29. Attorney client privilege accomplishes what?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
cannot be tried again - no appeal
finder after obtaining a title
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

30. How is the right to use a trademark determined?
criticism - use in satire - news report - use to educate
who has been using it first or filed for it first
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
criminal defense stating that a crime was necessary in preventing an even greater crime

31. Do Deeds require consideration to be valid?
fraudulent miss-use of funds that have been entrusted to them
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
No - property gifts are common
breaking into a residence with the intent of performing a felony. this is a crime against property.

32. Counterfeiting example? regarding punishment
first person to invent not file for patent
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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

33. Purpose of criminal penalties?
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

34. How are trade secrets treated and protected?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
owners of secret must try and protect - destroy garbage
key words of a website that are used for search engines

35. Requirements of a bailement
reverse engineer - go through garbage..
the property that is burdened by a profit
finder after obtaining a title
given exclusive possession and control over property - and knowingly accept responsibility

36. What happens when land is sold that is growing crops?
probable cause
birth - child placement - employee health - care for spouse - child - or parent - military duty
crops is considered to be real property and should be considered in the sale of such property.
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

37. Example of an exception to the at will doctrine based on tort theory
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
mental state or intent part 2 of 2 for determining criminal liability
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

38. Example of an exception to the at will doctrine based on contract theory
if a company has a posted that employees can only be terminated for sufficient reason - a court could rule that this stands ground as a contract
test is originality - lasts life of creator - protection is automatic
intent when attached and will item be damaged because of removal? hard to determine
generally the use of a software to perform a job or deliver product

39. What is a conveyance?
10 year period renewable
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
a deed that transfers interest in a life estate from one to another
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. Business process patents involve?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
voluntarily parted with at the time - but then later tries to find it
generally the use of a software to perform a job or deliver product

41. Facts to be used in the fair use standard are?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
fraudulent miss-use of funds that have been entrusted to them
distinctive decor - menu - style - service of an offering
any party can terminate an employment arrangement at anytime no questions asked

42. Dominion
ownership rights to property
No - but if they find any other reason - like you have been late often than you'll probably get fired
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

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

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44. Mail Fraud Act of 1990 is what?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
it is a federal crime to use the us postal service to defraud others on false pretenses
finder after obtaining a title
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

45. Trademark dilution
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
owner of premise where it was found - after good title is acquired
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

46. In order for a disability to be legally recognized what must exist?
finder after obtaining a title
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
record of such condition - being regarded as actually having a condition

47. What protection does the 6th amendment provide?
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
reverse engineer - go through garbage..

48. In order to receive protection under the family medical leave act - one must?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
race - sex - national origin - color - religion
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
work for a company with more than 50 employees - employed for a year - and must try to give notice

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

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50. Remedies for patent infringement
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
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