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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. What must a deed possess to be valid?

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2. What composes an 'at will doctrine'
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
offering someone who works at a different firm money for their trade secrets
sexual harassment is protected under title 7 because it effects genders differently in the workplace

3. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
probable cause
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

4. What is the purpose of the adverse possession doctrine?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
it rewards citizens for putting land to good use rather than just sitting on expanses of property
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

5. Requirements of a bailement
given exclusive possession and control over property - and knowingly accept responsibility
another persons right to make limited use of another persons real property without taking anything away from the property
No - property gifts are common
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

6. What could be considered as sexual harassment in the work place
reverse engineer - go through garbage..
this for that - sexual favors - general conduct however one incident is not enough
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

7. Attorney client privilege accomplishes what?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

8. 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
generally the use of a software to perform a job or deliver product
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
distinctive decor - menu - style - service of an offering

9. Workers comp and negligence

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10. Darst V. Interstate Brands Corp. regarding family and medical leave rights
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
generally the use of a software to perform a job or deliver product

11. Generic terms can never have?
the property that is burdened by a profit
secondary meaning
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

12. Collective mark
used by members of a cooperative organization to certify the quality of service or product
prohibits excessive bail and fines - cruel and unusual punishment
owner of premise where it was found - after good title is acquired
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

13. Reasonable accommodation requirements by the ADA
taking property away from the owner with the intent of permanently removing them of ownership
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
criticism - use in satire - news report - use to educate

14. Secondary Meaning Example frosty treats
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
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

15. Strong Marks Case Example

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16. What terminates an easement?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
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

17. 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?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
No - property gifts are common

18. What is a profit under real property law?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
finder after obtaining a title
the right to enter onto another persons property with the intentions of removing something valuable
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

19. In order for a disability to be legally recognized what must exist?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
record of such condition - being regarded as actually having a condition
a warranty that the buyer will not be disturbed in their possession of the land
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

20. Examples of collective marks
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
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
a deed that transfers interest in a life estate from one to another
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

21. Fair use is limited to?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
obtaining ownership by living on anothers property
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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

22. Duress criminal defense
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

23. Business process patents involve?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
generally the use of a software to perform a job or deliver product
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

24. Cybersquatting
sufficient evidence
members cannot give nationals favorable treatment
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

25. In order to prove discrimination in hiring one has to prove?
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
generally the use of a software to perform a job or deliver product
crops is considered to be real property and should be considered in the sale of such property.
it rewards citizens for putting land to good use rather than just sitting on expanses of property

26. What is a license considered to be in real property law?
No - they are considered to be goods and is governed by the uniform commercial code
must effectively try to acquire protection as well as keep the secret
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
process of hiding the source of illegally acquired funds

27. What happens when land is sold that is growing crops?
must effectively try to acquire protection as well as keep the secret
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
another persons right to make limited use of another persons real property without taking anything away from the property
crops is considered to be real property and should be considered in the sale of such property.

28. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
race - sex - national origin - color - religion
voluntarily parted with at the time - but then later tries to find it
allows for use of copyrighted material under certain guidelines

29. What is not copyrightable?
it is a federal crime to use the us postal service to defraud others on false pretenses
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

30. 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
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

31. How is the right to use a trademark determined?
who has been using it first or filed for it first
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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

32. Outcome of unanimous not guilty?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
cannot be tried again - no appeal

33. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
can appeal - subject to new trial
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
allows for use of copyrighted material under certain guidelines

34. Tenancy in common
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
used by members of a cooperative organization to certify the quality of service or product
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

35. What is a Deed
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
crops is considered to be real property and should be considered in the sale of such property.
document by which title to property is passed

36. Patents allow for the owner to?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
can appeal - subject to new trial
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

37. What is the difference between real and personal property?
reverse engineer - go through garbage..
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
birth - child placement - employee health - care for spouse - child - or parent - military duty
breaking into a residence with the intent of performing a felony. this is a crime against property.

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

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39. In real property law who is considered to be the dominant estate?
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
the property that will benefit from a profit
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

40. Facts to be used in the fair use standard are?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
sally would possess an easement in this case - the right to travel across property owner peter's land
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

41. Concurrent ownership
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
cannot be tried again - no appeal
multiple owners of real or personal property
criminal defense stating that a crime was necessary in preventing an even greater crime

42. What is a conveyance?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
another persons right to make limited use of another persons real property without taking anything away from the property
a deed that transfers interest in a life estate from one to another
criticism - use in satire - news report - use to educate

43. EEOC is responsible for doing what?
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
a physical or mental impairment that substantially limits one or more major life activities
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
No - they are considered to be goods and is governed by the uniform commercial code

44. Members of the TRIPS agreement cannot do what?
generally the use of a software to perform a job or deliver product
members cannot give nationals favorable treatment
ownership rights to property
any party can terminate an employment arrangement at anytime no questions asked

45. Are commercial flights permitted to fly over private property?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
owners of secret must try and protect - destroy garbage
offering someone who works at a different firm money for their trade secrets

46. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
reverse engineer - go through garbage..
novel - useful - non obvious
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

47. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
who has been using it first or filed for it first
mistake of fact

48. Mens Rea
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
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
generally the use of a software to perform a job or deliver product
mental state or intent part 2 of 2 for determining criminal liability

49. Tenancy by the entirety - or community ownership
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
finder after obtaining a title

50. Money laundering
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
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
process of hiding the source of illegally acquired funds
another persons right to make limited use of another persons real property without taking anything away from the property