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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. Country club case
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
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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

2. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
No - they are considered to be goods and is governed by the uniform commercial code
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

3. Service mark
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
process of hiding the source of illegally acquired funds
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

4. What is an easement by prescription?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
must effectively try to acquire protection as well as keep the secret

5. Money laundering
any party can terminate an employment arrangement at anytime no questions asked
No - they are considered to be goods and is governed by the uniform commercial code
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
process of hiding the source of illegally acquired funds

6. Duress criminal defense
secondary meaning
novel - useful - non obvious
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

7. How long is a copyright protected? for a corporation?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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
agreement permitting use of a trademark
crops is considered to be real property and should be considered in the sale of such property.

8. In order to receive protection under the family medical leave act - one must?
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
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

9. In order for a disability to be legally recognized what must exist?
record of such condition - being regarded as actually having a condition
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
another persons right to make limited use of another persons real property without taking anything away from the property
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

10. How can someone legally acquire trade secrets?
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
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
key words of a website that are used for search engines
reverse engineer - go through garbage..

11. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
intent when attached and will item be damaged because of removal? hard to determine

12. What is retaliatory discharge?
multiple owners of real or personal property
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
allows for use of copyrighted material under certain guidelines

13. Trademarks are good for? are they renewable
hours of employment - conditions - age of workers
criticism - use in satire - news report - use to educate
10 year period renewable
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

14. The WARN act calls for what?
mistake of fact
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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

15. Copyright requirements
process of hiding the source of illegally acquired funds
intent when attached and will item be damaged because of removal? hard to determine
test is originality - lasts life of creator - protection is automatic
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

16. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
probable cause
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
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

17. Age discrimination achieves what?
must effectively try to acquire protection as well as keep the secret
members cannot give nationals favorable treatment
streamlines and standardizes the processes for applying for a trademark abroad
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

18. What determines likeliness of confusion?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
10 years and it is renewable
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
prohibits excessive bail and fines - cruel and unusual punishment

19. Napster example?
novel - useful - non obvious
streamlines and standardizes the processes for applying for a trademark abroad
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

20. Constructive bailments are?

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21. Remedies for patent infringement
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
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
obtaining ownership by living on anothers property

22. What protection does the 8th amendment provide?
hours of employment - conditions - age of workers
No - they are considered to be goods and is governed by the uniform commercial code
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
prohibits excessive bail and fines - cruel and unusual punishment

23. What is secondary meaning?
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
must effectively try to acquire protection as well as keep the secret
arises when customers begin to associate a specific term or phrase with specific trademarked items

24. 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
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
reverse engineer - go through garbage..
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

25. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
a deed that transfers interest in a life estate from one to another
sexual harassment is protected under title 7 because it effects genders differently in the workplace
entry of a plea - guilty/ not guilty

26. How are trade secrets treated and protected?
race - sex - national origin - color - religion
owners of secret must try and protect - destroy garbage
record of such condition - being regarded as actually having a condition
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

27. Examples of collective marks
distinctive decor - menu - style - service of an offering
can appeal - subject to new trial
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

28. Collective mark
classic stone corp. owns a profit in gross - and cannot transfer this right to another
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
used by members of a cooperative organization to certify the quality of service or product

29. What are the requirements for making a gift an effective transfer of ownership?
used by members of a cooperative organization to certify the quality of service or product
crops is considered to be real property and should be considered in the sale of such property.
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
intent - delivery - acceptance

30. Purpose of criminal penalties?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
allows for use of copyrighted material under certain guidelines

31. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
entry of a plea - guilty/ not guilty
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 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

32. The madrid protocol accomplishes what?
first person to invent not file for patent
reverse engineer - go through 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
streamlines and standardizes the processes for applying for a trademark abroad

33. What is a profit under real property law?
No - property gifts are common
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
who has been using it first or filed for it first
the right to enter onto another persons property with the intentions of removing something valuable

34. Responsible corporate officer doctrine?
cannot be tried again - no appeal
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
multiple owners of real or personal property

35. What composes RICO?
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
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
test is originality - lasts life of creator - protection is automatic

36. Counterfeiting example? regarding punishment
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
entry of a plea - guilty/ not guilty

37. What is an easement by implication?
document by which title to property is passed
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
hours of employment - conditions - age of workers

38. 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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39. What is the determining issue when proving entrapment?
owners of secret must try and protect - destroy garbage
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
allows for use of copyrighted material under certain guidelines
race - sex - national origin - color - religion

40. Mail fraud act example senator?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
the corporation could have prevented such acts

41. In order to recieve protection what must one do?
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
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
must effectively try to acquire protection as well as keep the secret
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

42. Are crops real property when they are sold?
property of one person rightfully in possession of another - custody
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
No - they are considered to be goods and is governed by the uniform commercial code

43. Generic terms can never have?
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
secondary meaning
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

44. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
criminal defense stating that a crime was necessary in preventing an even greater crime
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

45. Gold club corporate criminal liability example?
this for that - sexual favors - general conduct however one incident is not enough
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
given exclusive possession and control over property - and knowingly accept responsibility
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

46. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
fraudulent miss-use of funds that have been entrusted to them
arises when customers begin to associate a specific term or phrase with specific trademarked items

47. Roman Catholic Church V. Prince Reality Management regarding a license?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
members cannot give nationals favorable treatment
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace

48. Triple amount of damages definition
hours of employment - conditions - age of workers
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
novel - useful - non obvious
treble damages

49. Bailments are?
secondary meaning
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
property of one person rightfully in possession of another - custody

50. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work