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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. What conditions are covered by the family medical leave act?
breaking into a residence with the intent of performing a felony. this is a crime against property.
birth - child placement - employee health - care for spouse - child - or parent - military duty
novel - useful - non obvious
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

2. Difference between joint tenancy and tenancy in common?
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
prohibits excessive bail and fines - cruel and unusual punishment
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
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

3. What happens when land is sold that is growing crops?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
crops is considered to be real property and should be considered in the sale of such property.

4. Age discrimination achieves what?
sufficient evidence
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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

5. Derivative work
taking property away from the owner with the intent of permanently removing them of ownership
record of such condition - being regarded as actually having a condition
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

6. Tenancy in common
another persons right to make limited use of another persons real property without taking anything away from the property
treble damages
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
secondary meaning

7. A woman checks her coat at a restaurant - and when she gets her coat back her expensive necklace is gone - can the woman sue the restaurant?
voluntarily parted with at the time - but then later tries to find it
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
classic stone corp. owns a profit in gross - and cannot transfer this right to another

8. Dominion
ownership rights to property
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
key words of a website that are used for search engines
secondary meaning

9. What is a warranty deed?
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
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
work for a company with more than 50 employees - employed for a year - and must try to give notice

10. What is a job offer?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
criminal defense stating that a crime was necessary in preventing an even greater crime
agreement permitting use of a trademark
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

11. Adverse possession
obtaining ownership by living on anothers property
can appeal - subject to new trial
birth - child placement - employee health - care for spouse - child - or parent - military duty
streamlines and standardizes the processes for applying for a trademark abroad

12. What is a license considered to be in real property law?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

13. Country club case
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
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
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

14. What is a covenant of quiet enjoyment?
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
a warranty that the buyer will not be disturbed in their possession of the land
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

15. In order for a disability to be legally recognized what must exist?
work for a company with more than 50 employees - employed for a year - and must try to give notice
record of such condition - being regarded as actually having a condition
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
first person to invent not file for patent

16. What are the requirements for adverse possession to be recognized?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
secondary meaning
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
criticism - use in satire - news report - use to educate

17. Concurrent ownership
multiple owners of real or personal property
fraudulent miss-use of funds that have been entrusted to them
No - but if they find any other reason - like you have been late often than you'll probably get fired
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

18. Certification mark
agreement permitting use of a trademark
multiple owners of real or personal property
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
owners of secret must try and protect - destroy garbage

19. Meta tag example about terri welles
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
streamlines and standardizes the processes for applying for a trademark abroad

20. The Berne Convention
given exclusive possession and control over property - and knowingly accept responsibility
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
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

21. What determines likeliness of confusion?
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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

22. Arraignment is what?
entry of a plea - guilty/ not guilty
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
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

23. Napster example?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
criminal defense stating that a crime was necessary in preventing an even greater crime
No - they are considered to be goods and is governed by the uniform commercial code
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

24. What uses fall under the fair use doctrine?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
classic stone corp. owns a profit in gross - and cannot transfer this right to another
key words of a website that are used for search engines
criticism - use in satire - news report - use to educate

25. Candyland example?
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

26. Burglary
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
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

27. In the united states who gets the patent if there is a conflict?
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
first person to invent not file for patent
given exclusive possession and control over property - and knowingly accept responsibility
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

28. Mail fraud act example senator?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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.
secondary meaning

29. George V restauration s.a. V. Little Rest Twelve licensing case example

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30. Mail Fraud Act of 1990 is what?
members cannot give nationals favorable treatment
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
it is a federal crime to use the us postal service to defraud others on false pretenses
probable cause

31. In order to recieve protection what must one do?
ownership rights to property
must effectively try to acquire protection as well as keep the secret
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
signed by hundreds of countries that establishes standards for the international protection of intellectual property

32. Remedies for patent infringement
who has been using it first or filed for it first
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
conditional gifts that are only accepted upon the performance of marriage

33. What are strong Marks?
arises when customers begin to associate a specific term or phrase with specific trademarked items
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

34. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
fraudulent miss-use of funds that have been entrusted to them
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
property of one person rightfully in possession of another - custody

35. Counterfeiting example? regarding punishment
document by which title to property is passed
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
owners of secret must try and protect - destroy garbage
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

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

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37. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
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
secondary meaning
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
intent when attached and will item be damaged because of removal? hard to determine

38. How can you come to possess land through adverse possession?
must effectively try to acquire protection as well as keep the secret
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
used by members of a cooperative organization to certify the quality of service or product

39. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
owner of premise where it was found - after good title is acquired
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
any party can terminate an employment arrangement at anytime no questions asked

40. Requirements of a bailement
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
given exclusive possession and control over property - and knowingly accept responsibility
cannot be tried again - no appeal

41. Example of an exception to the at will doctrine based on contract theory
if a company has a posted that employees can only be terminated for sufficient reason - a court could rule that this stands ground as a contract
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
offering someone who works at a different firm money for their trade secrets

42. When property is found that was mislaid who owns it?
a physical or mental impairment that substantially limits one or more major life activities
owner of premise where it was found - after good title is acquired
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
a deed that transfers interest in a life estate from one to another

43. Outcome of a unanimous guilty verdict?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
ownership rights to property
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
can appeal - subject to new trial

44. Is it a fixture?
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
intent when attached and will item be damaged because of removal? hard to determine
owner of premise where it was found - after good title is acquired
test is originality - lasts life of creator - protection is automatic

45. Darst V. Interstate Brands Corp. regarding family and medical leave rights
probable cause
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
voluntarily parted with at the time - but then later tries to find it
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

46. Reasonable accommodation requirements by the ADA
given exclusive possession and control over property - and knowingly accept responsibility
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

47. What is an implied warranty of habitability?
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
hours of employment - conditions - age of workers
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

48. Indictment requires
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
sufficient evidence

49. In real property law who is considered to be the servient estate?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
the property that is burdened by 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

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

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