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Business Law Yale

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Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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1. Remedies for patent infringement
owners of secret must try and protect - destroy garbage
probable cause
given exclusive possession and control over property - and knowingly accept responsibility
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

2. What must a deed possess to be valid?
the right to enter onto another persons property with the intentions of removing something valuable
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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

3. Tenancy in common
intent - delivery - acceptance
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

4. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
sufficient evidence
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

5. 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?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
property of one person rightfully in possession of another - custody

6. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
No - property gifts are common
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

7. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?
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
who has been using it first or filed for it first
entry of a plea - guilty/ not guilty
crops is considered to be real property and should be considered in the sale of such property.

8. What is a Deed
cannot be tried again - no appeal
document by which title to property is passed
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
sufficient evidence

9. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
owners of secret must try and protect - destroy garbage
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

10. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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

11. Derivative work
probable cause
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
this for that - sexual favors - general conduct however one incident is not enough
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

12. Age discrimination achieves what?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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 - but if they find any other reason - like you have been late often than you'll probably get fired

13. 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?
criminal defense stating that a crime was necessary in preventing an even greater crime
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
sally would possess an easement in this case - the right to travel across property owner peter's land
the corporation could have prevented such acts

14. Discrimination during the hiring process is acceptable when?
finder after obtaining a title
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
streamlines and standardizes the processes for applying for a trademark abroad
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

15. Mislaid property
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
voluntarily parted with at the time - but then later tries to find it
secondary meaning

16. Commercial bribery example
treble damages
a deed that transfers interest in a life estate from one to another
streamlines and standardizes the processes for applying for a trademark abroad
offering someone who works at a different firm money for their trade secrets

17. Outcome of unanimous not guilty?
cannot be tried again - no appeal
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
the property that is burdened by a profit

18. How are trade secrets treated and protected?
arises when customers begin to associate a specific term or phrase with specific trademarked items
allows for use of copyrighted material under certain guidelines
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
owners of secret must try and protect - destroy garbage

19. What is a warranty deed?
who has been using it first or filed for it first
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 deed that transfers interest in a life estate from one to another
criminal defense stating that a crime was necessary in preventing an even greater crime

20. Are compilation of facts copyrightable? case example
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
10 year period renewable
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

21. Country club case
mistake of fact
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
test is originality - lasts life of creator - protection is automatic
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

22. Triple amount of damages definition
treble damages
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
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

23. Patent Requirements
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
owners of secret must try and protect - destroy garbage
novel - useful - non obvious

24. 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
the right to enter onto another persons property with the intentions of removing something valuable
sally would possess an easement in this case - the right to travel across property owner peter's land
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

25. In real property law who is considered to be the dominant estate?
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
given exclusive possession and control over property - and knowingly accept responsibility
arises when customers begin to associate a specific term or phrase with specific trademarked items

26. What is the determining issue when proving entrapment?
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
offering someone who works at a different firm money for their trade secrets
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
multiple owners of real or personal property

27. Indictment requires
taking property away from the owner with the intent of permanently removing them of ownership
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
sufficient evidence
it is a federal crime to use the us postal service to defraud others on false pretenses

28. Copyright requirements
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
test is originality - lasts life of creator - protection is automatic

29. Requirements of a bailement
given exclusive possession and control over property - and knowingly accept responsibility
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
the corporation could have prevented such acts
voluntarily parted with at the time - but then later tries to find it

30. Roman Catholic Church V. Prince Reality Management regarding a license?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
members cannot give nationals favorable treatment
test is originality - lasts life of creator - protection is automatic

31. Determining disability regarding with and without equipment?
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
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
obtaining ownership by living on anothers property
document by which title to property is passed

32. What protection does the 6th amendment provide?
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

33. What is the purpose of the adverse possession doctrine?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
obtaining ownership by living on anothers property
race - sex - national origin - color - religion
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

34. Money laundering
process of hiding the source of illegally acquired funds
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

35. George V restauration s.a. V. Little Rest Twelve licensing case example
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
multiple owners of real or personal property
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
document by which title to property is passed

36. Workers comp and negligence
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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

37. What is retaliatory discharge?
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

38. Strong Marks Case Example
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
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
No - but if they find any other reason - like you have been late often than you'll probably get fired

39. What is secondary meaning?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
this for that - sexual favors - general conduct however one incident is not enough

40. What kind of mistake can be used as criminal defense?
a physical or mental impairment that substantially limits one or more major life activities
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
distinctive decor - menu - style - service of an offering
mistake of fact

41. Title VII prevents discrimination in?
owners of secret must try and protect - destroy garbage
sally would possess an easement in this case - the right to travel across property owner peter's land
multiple owners of real or personal property
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

42. Under the americans with disabilities act - when can a disability be discussed?
test is originality - lasts life of creator - protection is automatic
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

43. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
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
conditional gifts that are only accepted upon the performance of marriage
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

44. What is not copyrightable?
probable cause
agreement permitting use of a trademark
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
members cannot give nationals favorable treatment

45. Engagement rings are considered to be?
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
streamlines and standardizes the processes for applying for a trademark abroad
conditional gifts that are only accepted upon the performance of marriage
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

46. Are commercial flights permitted to fly over private property?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
No - but if they find any other reason - like you have been late often than you'll probably get fired

47. How long are patents protected?
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
20 years from filing
mistake of fact

48. Patents allow for the owner to?
must effectively try to acquire protection as well as keep the secret
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
first person to invent not file for patent
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

49. What is the result of a mistrial or a hung jury?
record of such condition - being regarded as actually having a condition
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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

50. Purpose of criminal penalties?
process of hiding the source of illegally acquired funds
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

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