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

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2. Are commercial flights permitted to fly over private property?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
who has been using it first or filed for it first
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

3. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
secondary meaning
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

4. Generic terms can never have?
secondary meaning
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
reverse engineer - go through garbage..

5. What are the requirements for adverse possession to be recognized?
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 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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

6. Duress criminal defense
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

7. What is secondary meaning?
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
criticism - use in satire - news report - use to educate
prohibits excessive bail and fines - cruel and unusual punishment

8. How is the right to use a trademark determined?
work for a company with more than 50 employees - employed for a year - and must try to give notice
this for that - sexual favors - general conduct however one incident is not enough
who has been using it first or filed for it first
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

9. The EEOC requires that victims do what before they hold employers liable?
10 year period renewable
members cannot give nationals favorable treatment
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
work for a company with more than 50 employees - employed for a year - and must try to give notice

10. Example of an exception to the at will doctrine based on contract theory
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
can appeal - subject to new trial
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
secondary meaning

11. EEOC is responsible for doing what?
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
members cannot give nationals favorable treatment

12. How long is a copyright protected? for a corporation?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
secondary meaning
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
distinctive decor - menu - style - service of an offering

13. Robbery
cannot be tried again - no appeal
sufficient evidence
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

14. What is not copyrightable?
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
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
key words of a website that are used for search engines
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

15. Examples of collective marks
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
the property that will benefit from a profit
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
fraudulent miss-use of funds that have been entrusted to them

16. Special Bailments
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
classic stone corp. owns a profit in gross - and cannot transfer this right to another

17. Cybersquatting
owner of premise where it was found - after good title is acquired
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
breaking into a residence with the intent of performing a felony. this is a crime against property.

18. Darst V. Interstate Brands Corp. regarding family and medical leave rights
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
obtaining ownership by living on anothers property

19. Trademark dilution
key words of a website that are used for search engines
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
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
entry of a plea - guilty/ not guilty

20. Outcome of a unanimous guilty verdict?
test is originality - lasts life of creator - protection is automatic
can appeal - subject to new trial
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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

21. Remedies for patent infringement
cannot be tried again - no appeal
distinctive decor - menu - style - service of an offering
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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

22. Americans with disabilities act accomplishes what?
sally would possess an easement in this case - the right to travel across property owner peter's land
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
the right to enter onto another persons property with the intentions of removing something valuable

23. Larceny
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
taking property away from the owner with the intent of permanently removing them of ownership

24. What happens when land is sold that is growing crops?
20 years from filing
the property that will benefit from a profit
crops is considered to be real property and should be considered in the sale of such property.
owner of premise where it was found - after good title is acquired

25. Triple amount of damages definition
mistake of fact
treble damages
criticism - use in satire - news report - use to educate
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

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

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27. 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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
treble damages

28. Estray statutes encourage what?
cannot be tried again - no appeal
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
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

29. Employers should handle hostile environments regarding protected members of title 7 by?
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
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

30. Copyright requirements
a deed that transfers interest in a life estate from one to another
test is originality - lasts life of creator - protection is automatic
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
crops is considered to be real property and should be considered in the sale of such property.

31. Patents allow for the owner to?
the property that is burdened by a profit
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
sally would possess an easement in this case - the right to travel across property owner peter's land
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

32. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
birth - child placement - employee health - care for spouse - child - or parent - military duty
intent when attached and will item be damaged because of removal? hard to determine
intent - delivery - acceptance

33. Determining disability regarding with and without equipment?
owner of premise where it was found - after good title is acquired
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
used by members of a cooperative organization to certify the quality of service or product
given exclusive possession and control over property - and knowingly accept responsibility

34. What is the purpose of the adverse possession doctrine?
the property that will benefit from a profit
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
it rewards citizens for putting land to good use rather than just sitting on expanses of property

35. Roman Catholic Church V. Prince Reality Management regarding a license?
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
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

36. What composes an 'at will doctrine'
any party can terminate an employment arrangement at anytime no questions asked
members cannot give nationals favorable treatment
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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

37. Arrest requires
sally would possess an easement in this case - the right to travel across property owner peter's land
probable cause
sufficient evidence
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

38. What is the difference between real and personal property?
10 year period renewable
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

39. Service mark
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
who has been using it first or filed for it first

40. Money laundering
members cannot give nationals favorable treatment
a deed that transfers interest in a life estate from one to another
process of hiding the source of illegally acquired funds
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

41. Secondary Meaning Example frosty treats
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

42. What are some criminal defenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
given exclusive possession and control over property - and knowingly accept responsibility
distinctive decor - menu - style - service of an offering

43. License in trademark law?
agreement permitting use of a trademark
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
intent - delivery - acceptance

44. What is a warranty deed?
10 year period renewable
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
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
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

45. Joint tenancy
hours of employment - conditions - age of workers
voluntarily parted with at the time - but then later tries to find it
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

46. What is an easement?
test is originality - lasts life of creator - protection is automatic
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
another persons right to make limited use of another persons real property without taking anything away from the property

47. Mail fraud act example senator?
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
a deed that transfers interest in a life estate from one to another
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

48. Fair use doctrine
the right to enter onto another persons property with the intentions of removing something valuable
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
allows for use of copyrighted material under certain guidelines

49. Discrimination during the hiring process is acceptable when?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
generally the use of a software to perform a job or deliver product

50. Title VII prevents discrimination in?

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