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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. Gold club corporate criminal liability example?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
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

2. Napster example?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
crops is considered to be real property and should be considered in the sale of such property.
No - but if they find any other reason - like you have been late often than you'll probably get fired
arises when customers begin to associate a specific term or phrase with specific trademarked items

3. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
the right to enter onto another persons property with the intentions of removing something valuable
record of such condition - being regarded as actually having a condition

4. How is the right to use a trademark determined?
who has been using it first or filed for it first
work for a company with more than 50 employees - employed for a year - and must try to give notice
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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

5. What are strong Marks?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
prohibits excessive bail and fines - cruel and unusual punishment
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

6. Larceny
No - property gifts are common
taking property away from the owner with the intent of permanently removing them of ownership
secondary meaning
test is originality - lasts life of creator - protection is automatic

7. Fair use is limited to?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
prohibits excessive bail and fines - cruel and unusual punishment
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

8. Can you be fired for whistle blowing?

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9. Concurrent ownership
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
multiple owners of real or personal property
it rewards citizens for putting land to good use rather than just sitting on expanses of property

10. Reasonable accommodation requirements by the ADA
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
property of one person rightfully in possession of another - custody
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

11. What must a deed possess to be valid?

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12. How are trade secrets treated and protected?
first person to invent not file for patent
agreement permitting use of a trademark
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
owners of secret must try and protect - destroy garbage

13. Arrest requires
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
10 year period renewable
distinctive decor - menu - style - service of an offering
probable cause

14. 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
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
ownership rights to property

15. Engagement rings are considered to be?
property of one person rightfully in possession of another - custody
sally would possess an easement in this case - the right to travel across property owner peter's land
conditional gifts that are only accepted upon the performance of marriage
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. Estray statutes encourage what?
reverse engineer - go through garbage..
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
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
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

17. When property is found that was mislaid who owns it?
owner of premise where it was found - after good title is acquired
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
generally the use of a software to perform a job or deliver product

18. Example of an exception to the at will doctrine based on tort theory
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
10 years and it is renewable
secondary meaning
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

19. Outcome of unanimous not guilty?
10 year period renewable
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
cannot be tried again - no appeal
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

20. Secondary Meaning Example frosty treats
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.
treble damages
who has been using it first or filed for it first
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

21. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
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
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

22. What is a job offer?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

23. Service mark
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

24. In real property law who is considered to be the dominant estate?
must effectively try to acquire protection as well as keep the secret
criticism - use in satire - news report - use to educate
the property that will benefit from a profit
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

25. What is a Deed
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
document by which title to property is passed
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
voluntarily parted with at the time - but then later tries to find it

26. License in trademark law?
agreement permitting use of a trademark
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
taking property away from the owner with the intent of permanently removing them of ownership
10 year period renewable

27. Significance of coca-cola V. koke Co of America
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
criticism - use in satire - news report - use to educate
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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

28. When property is found who gets property when it was abondoned?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
finder after obtaining a title
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
birth - child placement - employee health - care for spouse - child - or parent - military duty

29. What is legally a disability?
taking property away from the owner with the intent of permanently removing them of ownership
a physical or mental impairment that substantially limits one or more major life activities
members cannot give nationals favorable treatment
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

30. Business process patents involve?
owner of premise where it was found - after good title is acquired
generally the use of a software to perform a job or deliver product
secondary meaning
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

31. Determining disability regarding with and without equipment?
hours of employment - conditions - age of workers
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
allows for use of copyrighted material under certain guidelines
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

32. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
probable cause
taking property away from the owner with the intent of permanently removing them of ownership
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
the corporation could have prevented such acts

33. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
this for that - sexual favors - general conduct however one incident is not enough
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
criticism - use in satire - news report - use to educate

34. Requirements of a bailement
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
No - they are considered to be goods and is governed by the uniform commercial code
given exclusive possession and control over property - and knowingly accept responsibility
criminal defense stating that a crime was necessary in preventing an even greater crime

35. What composes an 'at will doctrine'
any party can terminate an employment arrangement at anytime no questions asked
arises when customers begin to associate a specific term or phrase with specific trademarked items
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

36. Examples of collective marks
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

37. Sexual harassment is treated as what?
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
sexual harassment is protected under title 7 because it effects genders differently in the workplace

38. The EEOC requires that victims do what before they hold employers liable?
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.
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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

39. TRIPS agreement
breaking into a residence with the intent of performing a felony. this is a crime against property.
signed by hundreds of countries that establishes standards for the international protection of intellectual property
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
the property that is burdened by a profit

40. Patents allow for the owner to?
10 years and it is renewable
prohibits excessive bail and fines - cruel and unusual punishment
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

41. In real property law who is considered to be the servient estate?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
the property that is burdened by a profit
the corporation could have prevented such acts

42. Trademarks are good for? are they renewable
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
10 year period renewable
secondary meaning
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

43. What is an implied warranty of habitability?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
generally the use of a software to perform a job or deliver product

44. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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

45. Commercial bribery example
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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.
offering someone who works at a different firm money for their trade secrets
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

46. Meta tag example about terri welles
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
owners of secret must try and protect - destroy garbage
entry of a plea - guilty/ not guilty
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

47. What is not copyrightable?
10 year period renewable
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
given exclusive possession and control over property - and knowingly accept responsibility

48. Fair use doctrine
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
allows for use of copyrighted material under certain guidelines
the right to enter onto another persons property with the intentions of removing something valuable
sufficient evidence

49. Title VII prevents discrimination in?

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50. How can someone legally acquire trade secrets?
can appeal - subject to new trial
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
reverse engineer - go through garbage..