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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. Patent Requirements
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
novel - useful - non obvious
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
secondary meaning

2. How long is a trademark protected? is it renewable
owners of secret must try and protect - destroy garbage
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
10 years and it is renewable

3. What protection does the 6th amendment provide?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
the property that will benefit from a profit
owner of premise where it was found - after good title is acquired
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

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

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5. Possible ruling interpretations for accession cases
streamlines and standardizes the processes for applying for a trademark abroad
who has been using it first or filed for it first
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
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

6. What are the requirements for making a gift an effective transfer of ownership?
arises when customers begin to associate a specific term or phrase with specific trademarked items
intent - delivery - acceptance
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
work for a company with more than 50 employees - employed for a year - and must try to give notice

7. Title VII prevents discrimination in?

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8. Joint tenancy
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
offering someone who works at a different firm money for their trade secrets
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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

9. EEOC is responsible for doing what?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
distinctive decor - menu - style - service of an offering
reverse engineer - go through garbage..
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

10. Discrimination during the hiring process is acceptable when?
novel - useful - non obvious
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
probable cause
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

11. The WARN act calls for what?
sufficient evidence
generally the use of a software to perform a job or deliver product
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

12. What uses fall under the fair use doctrine?
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
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

13. What terminates an easement?
document by which title to property is passed
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
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

14. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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.
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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

15. Generic terms can never have?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
secondary meaning
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
intent when attached and will item be damaged because of removal? hard to determine

16. Copyright requirements
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
test is originality - lasts life of creator - protection is automatic
conditional gifts that are only accepted upon the performance of marriage
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.

17. Necessity defense
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
criminal defense stating that a crime was necessary in preventing an even greater crime
10 years and it is renewable
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

18. What is the result of a mistrial or a hung jury?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

19. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
criticism - use in satire - news report - use to educate
the property that will benefit from a profit
secondary meaning

20. Sexual harassment is treated as what?
document by which title to property is passed
sexual harassment is protected under title 7 because it effects genders differently in the workplace
fraudulent miss-use of funds that have been entrusted to them
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

21. What is can be considered trade dress?
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
distinctive decor - menu - style - service of an offering

22. Outcome of a unanimous guilty verdict?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
can appeal - subject to new trial
the corporation could have prevented such acts
crops is considered to be real property and should be considered in the sale of such property.

23. Attorney client privilege accomplishes what?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
10 years and it is renewable
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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

24. What is a job offer?
another persons right to make limited use of another persons real property without taking anything away from the property
must effectively try to acquire protection as well as keep the secret
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

25. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
the corporation could have prevented such acts
entry of a plea - guilty/ not guilty

26. Examples of collective marks
ownership rights to 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
birth - child placement - employee health - care for spouse - child - or parent - military duty
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

27. Steps to determining trademark infringement?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
the property that will benefit from a profit
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

28. 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
No - they are considered to be goods and is governed by the uniform commercial code
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

29. What composes RICO?
the property that is burdened by a profit
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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

30. Estray statutes encourage what?
can appeal - subject to new trial
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

31. What is not copyrightable?
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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

32. 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?
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
hours of employment - conditions - age of workers
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another

33. What is a license considered to be in real property law?
offering someone who works at a different firm money for their trade secrets
arises when customers begin to associate a specific term or phrase with specific trademarked items
20 years from filing
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

34. What kind of mistake can be used as criminal defense?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
used by members of a cooperative organization to certify the quality of service or product
mistake of fact

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

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36. Dominion
the property that will benefit from a profit
ownership rights to property
it is a federal crime to use the us postal service to defraud others on false pretenses
who has been using it first or filed for it first

37. What is a conveyance?
a deed that transfers interest in a life estate from one to another
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
mistake of fact

38. Secondary Meaning Example frosty treats
mental state or intent part 2 of 2 for determining criminal liability
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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

39. Meta tag example about terri welles
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
used by members of a cooperative organization to certify the quality of service or product

40. Candyland example?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
can appeal - subject to new trial
mistake of fact
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

41. 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?

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42. Example of an exception to the at will doctrine based on tort theory
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve 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

43. Collective mark
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
used by members of a cooperative organization to certify the quality of service or product

44. Napster example?
race - sex - national origin - color - religion
given exclusive possession and control over property - and knowingly accept responsibility
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
a warranty that the buyer will not be disturbed in their possession of the land

45. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
process of hiding the source of illegally acquired funds

46. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
owners of secret must try and protect - destroy garbage
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

47. Drake V. Walton County regarding the county taking property
must effectively try to acquire protection as well as keep the secret
a deed that transfers interest in a life estate from one to another
birth - child placement - employee health - care for spouse - child - or parent - military duty
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.

48. Special Bailments
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
owners of secret must try and protect - destroy garbage
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

49. Trademarks are good for? are they renewable
10 years and it is renewable
arises when customers begin to associate a specific term or phrase with specific trademarked items
10 year period renewable
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

50. Counterfeiting example? regarding punishment
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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