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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. Strong Marks Case Example

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2. Purpose of criminal penalties?
streamlines and standardizes the processes for applying for a trademark abroad
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
the property that will benefit from a profit

3. Title VII protected categories?
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
a deed that transfers interest in a life estate from one to another
cannot be tried again - no appeal
race - sex - national origin - color - religion

4. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
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
it is a federal crime to use the us postal service to defraud others on false pretenses
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

5. Sambucks vs. starbucks
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
race - sex - national origin - color - religion
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

6. Larceny
owners of secret must try and protect - destroy garbage
can appeal - subject to new trial
taking property away from the owner with the intent of permanently removing them of ownership
the property that is burdened by a profit

7. 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?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
voluntarily parted with at the time - but then later tries to find it
mental state or intent part 2 of 2 for determining criminal liability
birth - child placement - employee health - care for spouse - child - or parent - military duty

8. Engagement rings are considered to be?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
key words of a website that are used for search engines
conditional gifts that are only accepted upon the performance of marriage

9. What composes an 'at will doctrine'
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
any party can terminate an employment arrangement at anytime no questions asked
this for that - sexual favors - general conduct however one incident is not enough
streamlines and standardizes the processes for applying for a trademark abroad

10. Trademark dilution
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

11. How long are patents protected?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
used by members of a cooperative organization to certify the quality of service or product
20 years from filing
streamlines and standardizes the processes for applying for a trademark abroad

12. Embezzlement
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
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
cannot be tried again - no appeal

13. Significance of coca-cola V. koke Co of America
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
the corporation could have prevented such acts
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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

14. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
hours of employment - conditions - age of workers
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

15. Commercial bribery example
20 years from filing
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
offering someone who works at a different firm money for their trade secrets
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

16. Generic terms can never have?
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 right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
secondary meaning

17. Tenancy by the entirety - or community ownership
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
race - sex - national origin - color - religion
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
probable cause

18. Special Bailments
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
living on another persons property - obviously - using the land for a specified amount of time. today it is generally only accidentally - i.e. fencing mistakes
members cannot give nationals favorable treatment

19. Attorney client privilege accomplishes 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
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
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
cannot be tried again - no appeal

20. Title VII prevents discrimination in?

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21. Examples of collective marks
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
if property owner peter owns two plots of land - one with drinking water and the other without - if sally gets the one without - by implication she has an easement to use the drinking water
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

22. Can you be fired for whistle blowing?

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23. In the united states who gets the patent if there is a conflict?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
first person to invent not file for patent
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

24. What protection does the 8th amendment provide?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
used by members of a cooperative organization to certify the quality of service or product
prohibits excessive bail and fines - cruel and unusual punishment

25. How can someone legally acquire trade secrets?
another persons right to make limited use of another persons real property without taking anything away from the property
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
reverse engineer - go through garbage..
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

26. 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.
classic stone corp. owns a profit in gross - and cannot transfer this right to another
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
who has been using it first or filed for it first

27. What are the requirements for making a gift an effective transfer of ownership?
intent - delivery - acceptance
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
generally the use of a software to perform a job or deliver product
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

28. What is an easement by implication?
sally would possess an easement in this case - the right to travel across property owner peter's land
if property owner peter owns two plots of land - one with drinking water and the other without - if sally gets the one without - by implication she has an easement to use the drinking water
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
the corporation could have prevented such acts

29. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
cannot be tried again - no appeal
this for that - sexual favors - general conduct however one incident is not enough
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

30. What is the determining issue when proving entrapment?
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
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
any party can terminate an employment arrangement at anytime no questions asked
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

31. What is the difference between real and personal property?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
distinctive decor - menu - style - service of an offering
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

32. The EEOC requires that victims do what before they hold employers liable?
key words of a website that are used for search engines
multiple owners of real or personal property
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
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

33. What is secondary meaning?
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
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
crops is considered to be real property and should be considered in the sale of such property.
arises when customers begin to associate a specific term or phrase with specific trademarked items

34. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
a deed that transfers interest in a life estate from one to another
process of hiding the source of illegally acquired funds
the corporation could have prevented such acts
finder after obtaining a title

35. What protection does the 6th amendment provide?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
cannot be tried again - no appeal

36. The Berne Convention
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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

37. What conditions are covered by the family medical leave act?
members cannot give nationals favorable treatment
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
hours of employment - conditions - age of workers

38. 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.
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 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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

39. Drake V. Walton County regarding the county taking 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.
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
allows for use of copyrighted material under certain guidelines
the corporation could have prevented such acts

40. What is a license considered to be in real property law?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
finder after obtaining a title
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
taking property away from the owner with the intent of permanently removing them of ownership

41. Service mark
taking property away from the owner with the intent of permanently removing them of ownership
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
used by members of a cooperative organization to certify the quality of service or product
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

42. What are strong Marks?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
breaking into a residence with the intent of performing a felony. this is a crime against property.
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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

43. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
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
it is a federal crime to use the us postal service to defraud others on false pretenses
secondary meaning

44. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
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
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
No - property gifts are common

45. Are crops real property when they are sold?
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
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
hours of employment - conditions - age of workers

46. What composes RICO?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
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
used by members of a cooperative organization to certify the quality of service or product

47. Bailments are?
entry of a plea - guilty/ not guilty
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
mistake of fact
property of one person rightfully in possession of another - custody

48. Reasonable accommodation requirements by the ADA
can appeal - subject to new trial
the property that will benefit from a profit
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

49. When property is found that was mislaid who owns it?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
owner of premise where it was found - after good title is acquired
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

50. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
another persons right to make limited use of another persons real property without taking anything away from the property
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
secondary meaning