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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. What is the determining issue when proving entrapment?
race - sex - national origin - color - religion
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
agreement permitting use of a trademark
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. Fair labor standards act covers issues such as?
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
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
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
hours of employment - conditions - age of workers

3. Darst V. Interstate Brands Corp. regarding family and medical leave rights
members cannot give nationals favorable treatment
a warranty that the buyer will not be disturbed in their possession of the land
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

4. What is an easement?
entry of a plea - guilty/ not guilty
mistake of fact
another persons right to make limited use of another persons real property without taking anything away from the property
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

5. Concurrent ownership
must effectively try to acquire protection as well as keep the secret
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
multiple owners of real or personal property
signed by hundreds of countries that establishes standards for the international protection of intellectual property

6. Reasonable accommodation requirements by the ADA
the property that will benefit from a profit
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
breaking into a residence with the intent of performing a felony. this is a crime against property.
a deed that transfers interest in a life estate from one to another

7. Are commercial flights permitted to fly over private property?
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
criticism - use in satire - news report - use to educate
the property that is burdened by a profit

8. Americans with disabilities act accomplishes what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
sally would possess an easement in this case - the right to travel across property owner peter's land
given exclusive possession and control over property - and knowingly accept responsibility
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

9. What is can be considered trade dress?
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
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
distinctive decor - menu - style - service of an offering
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

10. Candyland example?
a deed that transfers interest in a life estate from one to another
members cannot give nationals favorable treatment
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
race - sex - national origin - color - religion

11. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
the right to enter onto another persons property with the intentions of removing something valuable
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

12. The EEOC requires that victims do what before they hold employers liable?
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
race - sex - national origin - color - religion
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

13. Gold club corporate criminal liability example?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
hours of employment - conditions - age of workers
a deed that transfers interest in a life estate from one to another
offering someone who works at a different firm money for their trade secrets

14. Meta tags
probable cause
key words of a website that are used for search engines
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
breaking into a residence with the intent of performing a felony. this is a crime against property.

15. Arraignment is what?
multiple owners of real or personal property
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
used by members of a cooperative organization to certify the quality of service or product
entry of a plea - guilty/ not guilty

16. Facts to be used in the fair use standard are?
mistake of fact
multiple owners of real or personal property
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

17. What composes an 'at will doctrine'
classic stone corp. owns a profit in gross - and cannot transfer this right to another
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
any party can terminate an employment arrangement at anytime no questions asked
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

18. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
property of one person rightfully in possession of another - custody
the corporation could have prevented such acts
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

19. Title VII prevents discrimination in?

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20. 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
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
mistake of fact
it is a federal crime to use the us postal service to defraud others on false pretenses

21. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
intent - delivery - acceptance
allows for use of copyrighted material under certain guidelines

22. TRIPS agreement
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
signed by hundreds of countries that establishes standards for the international protection of intellectual property
record of such condition - being regarded as actually having a condition

23. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
key words of a website that are used for search engines
signed by hundreds of countries that establishes standards for the international protection of intellectual property
finder after obtaining a title

24. Arrest requires
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
the corporation could have prevented such acts
probable cause

25. What is a job offer?
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
classic stone corp. owns a profit in gross - and cannot transfer this right to another
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

26. Remedies for patent infringement
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
obtaining ownership by living on anothers property
taking property away from the owner with the intent of permanently removing them of ownership
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

27. 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.
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
a warranty that the buyer will not be disturbed in their possession of the land
voluntarily parted with at the time - but then later tries to find it

28. Outcome of a unanimous guilty verdict?
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 appeal - subject to new trial
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
treble damages

29. When property is found that was mislaid who owns it?
who has been using it first or filed for it first
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
owners of secret must try and protect - destroy garbage
owner of premise where it was found - after good title is acquired

30. Patents allow for the owner to?
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

31. What is an easement by implication?
mistake of fact
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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
No - property gifts are common

32. Workers comp and negligence

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33. What is Actus Reus
this for that - sexual favors - general conduct however one incident is not enough
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.
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
the property that will benefit from a profit

34. EEOC is responsible for doing what?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
breaking into a residence with the intent of performing a felony. this is a crime against property.
criticism - use in satire - news report - use to educate

35. What is not copyrightable?
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
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

36. Special Bailments
mistake of fact
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
a physical or mental impairment that substantially limits one or more major life activities
members cannot give nationals favorable treatment

37. What happens when land is sold that is growing crops?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
crops is considered to be real property and should be considered in the sale of such property.

38. When property is found who gets property when it was abondoned?
given exclusive possession and control over property - and knowingly accept responsibility
finder after obtaining a title
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
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

39. How is the right to use a trademark determined?
who has been using it first or filed for it first
prohibits excessive bail and fines - cruel and unusual punishment
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

40. Examples of collective marks
secondary meaning
obtaining ownership by living on anothers property
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
taking property away from the owner with the intent of permanently removing them of ownership

41. Service mark
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
obtaining ownership by living on anothers property
multiple owners of real or personal property
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

42. Estray statutes encourage what?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

43. In real property law who is considered to be the dominant estate?
multiple owners of real or personal property
the property that will benefit from a profit
probable cause
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

44. Attorney client privilege accomplishes what?
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
race - sex - national origin - color - religion

45. Mistake of fact criminal defense example

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46. What is the difference between real and personal property?
breaking into a residence with the intent of performing a felony. this is a crime against property.
multiple owners of real or personal property
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

47. In real property law who is considered to be the servient estate?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
the property that is burdened by a profit
process of hiding the source of illegally acquired funds
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

48. In order to receive protection under the family medical leave act - one must?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
10 year period renewable
any party can terminate an employment arrangement at anytime no questions asked
work for a company with more than 50 employees - employed for a year - and must try to give notice

49. Commercial bribery example
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
offering someone who works at a different firm money for their trade secrets
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

50. Triple amount of damages definition
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
entry of a plea - guilty/ not guilty
treble damages
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment