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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. Estray statutes encourage what?
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

2. Joint tenancy
members cannot give nationals favorable treatment
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
agreement permitting use of a trademark
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

3. Generic terms can never have?
secondary meaning
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
10 year period renewable

4. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
allows for use of copyrighted material under certain guidelines
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

5. What is the result of a mistrial or a hung jury?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
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
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

6. Copyright requirements
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
classic stone corp. owns a profit in gross - and cannot transfer this right to another
test is originality - lasts life of creator - protection is automatic

7. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

8. KSR Internation V. Teleflex INC. regarding what is patentable?

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9. The WARN act calls for what?
test is originality - lasts life of creator - protection is automatic
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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

10. How is the right to use a trademark determined?
who has been using it first or filed for it first
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

11. What is the determining issue when proving entrapment?
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
finder after obtaining a title
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

12. What could be considered as sexual harassment in the work place
hours of employment - conditions - age of workers
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
10 year period renewable
this for that - sexual favors - general conduct however one incident is not enough

13. 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
secondary meaning
property of one person rightfully in possession of another - custody
hours of employment - conditions - age of workers

14. Example of an exception to the at will doctrine based on tort theory
finder after obtaining a title
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

15. Larceny
the right to enter onto another persons property with the intentions of removing something valuable
taking property away from the owner with the intent of permanently removing them of ownership
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
used by members of a cooperative organization to certify the quality of service or product

16. Mislaid property
voluntarily parted with at the time - but then later tries to find it
intent when attached and will item be damaged because of removal? hard to determine
criticism - use in satire - news report - use to educate
sufficient evidence

17. Employers should handle hostile environments regarding protected members of title 7 by?
this for that - sexual favors - general conduct however one incident is not enough
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

18. Arraignment is what?
entry of a plea - guilty/ not guilty
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
No - but if they find any other reason - like you have been late often than you'll probably get fired
intent - delivery - acceptance

19. What are the requirements for adverse possession to be recognized?
members cannot give nationals favorable treatment
treble damages
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

20. What is a covenant of quiet enjoyment?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
a warranty that the buyer will not be disturbed in their possession of the land
intent - delivery - acceptance
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

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

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22. Business process patents involve?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
generally the use of a software to perform a job or deliver product
can appeal - subject to new trial
any party can terminate an employment arrangement at anytime no questions asked

23. What is not copyrightable?
this for that - sexual favors - general conduct however one incident is not enough
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
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.
document by which title to property is passed

24. Duress criminal defense
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

25. In order to receive protection under the family medical leave act - one must?
work for a company with more than 50 employees - employed for a year - and must try to give notice
any party can terminate an employment arrangement at anytime no questions asked
prohibits excessive bail and fines - cruel and unusual punishment
the right to enter onto another persons property with the intentions of removing something valuable

26. In the united states who gets the patent if there is a conflict?
used by members of a cooperative organization to certify the quality of service or product
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
first person to invent not file for patent

27. Age discrimination achieves what?
must effectively try to acquire protection as well as keep the secret
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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

28. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
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
any party can terminate an employment arrangement at anytime no questions asked
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

29. What happens when land is sold that is growing crops?
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
race - sex - national origin - color - religion
prohibits excessive bail and fines - cruel and unusual punishment
crops is considered to be real property and should be considered in the sale of such property.

30. Dominion
used by members of a cooperative organization to certify the quality of service or product
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
ownership rights to property

31. Tenancy in common
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
key words of a website that are used for search engines
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

32. Constructive bailments are?

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33. Difference between joint tenancy and tenancy in common?
No - they are considered to be goods and is governed by the uniform commercial code
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
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
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

34. What is an easement by implication?
first person to invent not file for patent
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
secondary meaning
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

35. Significance of coca-cola V. koke Co of America
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
ownership rights to property
the corporation could have prevented such acts
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

36. 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
any party can terminate an employment arrangement at anytime no questions asked
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

37. What is an easement by prescription?
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

38. Are compilation of facts copyrightable? case 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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

39. 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
20 years from filing
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

40. Are crops real property when they are sold?
conditional gifts that are only accepted upon the performance of marriage
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
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

41. Requirements of a bailement
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
criticism - use in satire - news report - use to educate
given exclusive possession and control over property - and knowingly accept responsibility

42. Fair use is limited to?
owners of secret must try and protect - destroy garbage
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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

43. In order to prove discrimination in hiring one has to prove?
intent when attached and will item be damaged because of removal? hard to determine
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
criticism - use in satire - news report - use to educate

44. What is an implied warranty of habitability?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

45. What is the difference between real and personal property?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
used by members of a cooperative organization to certify the quality of service or product
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
generally the use of a software to perform a job or deliver product

46. The EEOC requires that victims do what before they hold employers liable?
birth - child placement - employee health - care for spouse - child - or parent - military duty
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
finder after obtaining a title
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

47. What conditions are covered by the family medical leave act?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
birth - child placement - employee health - care for spouse - child - or parent - military duty
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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

48. 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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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

49. Triple amount of damages definition
treble damages
secondary meaning
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
given exclusive possession and control over property - and knowingly accept responsibility

50. What is a Deed
offering someone who works at a different firm money for their trade secrets
distinctive decor - menu - style - service of an offering
document by which title to property is passed
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market