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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. The WARN act calls for what?
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
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

2. Constructive bailments are?

3. Americans with disabilities act accomplishes what?
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
used by members of a cooperative organization to certify the quality of service or product
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

4. 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?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
process of hiding the source of illegally acquired funds

5. Burglary
owner of premise where it was found - after good title is acquired
secondary meaning
No - but if they find any other reason - like you have been late often than you'll probably get fired
breaking into a residence with the intent of performing a felony. this is a crime against property.

6. Meta tag example about terri welles
ownership rights to property
obtaining ownership by living on anothers property
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

7. What is the result of a mistrial or a hung jury?
key words of a website that are used for search engines
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
offering someone who works at a different firm money for their trade secrets
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

8. How long is a copyright protected? for a corporation?
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
intent - delivery - acceptance
obtaining ownership by living on anothers property
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

9. Necessity defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
treble damages
criminal defense stating that a crime was necessary in preventing an even greater crime

10. Roman Catholic Church V. Prince Reality Management regarding a license?
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
the property that will benefit from a profit
key words of a website that are used for search engines

11. Steps to determining trademark infringement?
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
can appeal - subject to new trial
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

12. What are strong Marks?
first person to invent not file for patent
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

13. Can you be fired for whistle blowing?

14. What is retaliatory discharge?
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
must effectively try to acquire protection as well as keep the secret
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
who has been using it first or filed for it first

15. 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?

16. Sambucks vs. starbucks
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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
obtaining ownership by living on anothers property
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

17. Indictment requires
sufficient evidence
offering someone who works at a different firm money for their trade secrets
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
voluntarily parted with at the time - but then later tries to find it

18. Adverse possession
obtaining ownership by living on anothers 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
crops is considered to be real property and should be considered in the sale of such property.
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

19. Cybersquatting
owners of secret must try and protect - destroy garbage
record of such condition - being regarded as actually having a condition
distinctive decor - menu - style - service of an offering
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

20. Certification mark
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
No - they are considered to be goods and is governed by the uniform commercial code

21. Mens Rea
novel - useful - non obvious
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.
mental state or intent part 2 of 2 for determining criminal liability

22. What is an easement?
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
No - property gifts are common
another persons right to make limited use of another persons real property without taking anything away from the property
generally the use of a software to perform a job or deliver product

23. What protection does the 8th amendment provide?
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
prohibits excessive bail and fines - cruel and unusual punishment
hours of employment - conditions - age of workers
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

24. Remedies for patent infringement
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
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
probable cause
birth - child placement - employee health - care for spouse - child - or parent - military duty

25. Robbery
No - they are considered to be goods and is governed by the uniform commercial code
agreement permitting use of a trademark
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

26. Mislaid property
offering someone who works at a different firm money for their trade secrets
a deed that transfers interest in a life estate from one to another
voluntarily parted with at the time - but then later tries to find it
first person to invent not file for patent

27. Engagement rings are considered to be?
conditional gifts that are only accepted upon the performance of marriage
owners of secret must try and protect - destroy garbage
sufficient evidence
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

28. Secondary Meaning Example frosty treats
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
mental state or intent part 2 of 2 for determining criminal liability
obtaining ownership by living on anothers property

29. Embezzlement
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
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.
fraudulent miss-use of funds that have been entrusted to them
distinctive decor - menu - style - service of an offering

30. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
the corporation could have prevented such acts
can appeal - subject to new trial
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

31. What is the difference between real and personal property?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
document by which title to property is passed
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

32. Mistake of fact criminal defense example

33. Determining disability regarding with and without equipment?
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
test is originality - lasts life of creator - protection is automatic
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

34. Difference between joint tenancy and tenancy in common?
owner of premise where it was found - after good title is acquired
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
property of one person rightfully in possession of another - custody
joint tenancy results in the ownership of property after the partner dies - a joint tenancy becomes a tenancy in common upon one party selling their stake

35. 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.
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

36. Tenancy by the entirety - or community ownership
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
secondary meaning
intent - delivery - acceptance
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

37. Commercial bribery example
offering someone who works at a different firm money for their trade secrets
crops is considered to be real property and should be considered in the sale of such property.
fraudulent miss-use of funds that have been entrusted to them
hours of employment - conditions - age of workers

38. Outcome of unanimous not guilty?
first person to invent not file for patent
cannot be tried again - no appeal
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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

39. Napster example?
any party can terminate an employment arrangement at anytime no questions asked
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
owner of premise where it was found - after good title is acquired
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

40. What is a license considered to be in real property law?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

41. In order to prove discrimination in hiring one has to prove?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
process of hiding the source of illegally acquired funds
sufficient evidence

42. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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.
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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

43. When property is found who gets property when it was abondoned?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
secondary meaning
cannot be tried again - no appeal
finder after obtaining a title

44. In order to recieve protection what must one do?
breaking into a residence with the intent of performing a felony. this is a crime against property.
must effectively try to acquire protection as well as keep the secret
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
taking property away from the owner with the intent of permanently removing them of ownership

45. Candyland example?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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 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

46. License in trademark law?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
agreement permitting use of a trademark
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

47. What conditions are covered by the family medical leave act?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
finder after obtaining a title
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
birth - child placement - employee health - care for spouse - child - or parent - military duty

48. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
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
20 years from filing

49. Estray statutes encourage what?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
intent - delivery - acceptance
treble damages
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

50. In the united states who gets the patent if there is a conflict?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
a warranty that the buyer will not be disturbed in their possession of the land
a physical or mental impairment that substantially limits one or more major life activities
first person to invent not file for patent