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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. Reverse discrimination example firefighters
criticism - use in satire - news report - use to educate
offering someone who works at a different firm money for their trade secrets
conditional gifts that are only accepted upon the performance of marriage
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

2. In real property law who is considered to be the servient estate?
hours of employment - conditions - age of workers
conditional gifts that are only accepted upon the performance of marriage
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
the property that is burdened by a profit

3. Employers should handle hostile environments regarding protected members of title 7 by?
streamlines and standardizes the processes for applying for a trademark abroad
conditional gifts that are only accepted upon the performance of marriage
another persons right to make limited use of another persons real property without taking anything away from the property
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

4. What happens when land is sold that is growing crops?
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
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
crops is considered to be real property and should be considered in the sale of such property.
sufficient evidence

5. What is a Deed
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
agreement permitting use of a trademark
finder after obtaining a title
document by which title to property is passed

6. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
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
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
can appeal - subject to new trial

7. How long is a trademark protected? is it renewable
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
10 years and it is renewable
reverse engineer - go through garbage..
the corporation could have prevented such acts

8. What is an easement by prescription?
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
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
given exclusive possession and control over property - and knowingly accept responsibility
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

9. If property owner Peter sells a chunk of his estate to Sally - and that property is cut off from any public roads - what is sally supposed to do?

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10. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
entry of a plea - guilty/ not guilty
finder after obtaining a title
criticism - use in satire - news report - use to educate

11. Determining disability regarding with and without equipment?
can appeal - subject to new trial
crops is considered to be real property and should be considered in the sale of such property.
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
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

12. Adverse possession
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
intent - delivery - acceptance
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
obtaining ownership by living on anothers property

13. What is a license considered to be in real property law?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
20 years from filing
proven that the continued use of the license could confuse consumers as to where the trademark came from which would cause damages - proven by little rest's advertisement of their affiliation
a warranty that the buyer will not be disturbed in their possession of the land

14. Mail fraud act example senator?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
the corporation could have prevented such acts
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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

15. 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?
allows for use of copyrighted material under certain guidelines
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

16. Tenancy in common
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
novel - useful - non obvious
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

17. What is a profit under real property law?
owners of secret must try and protect - destroy garbage
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
the right to enter onto another persons property with the intentions of removing something valuable
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

18. What is a conveyance?
a deed that transfers interest in a life estate from one to another
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
mistake of fact
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

19. Responsible corporate officer doctrine?
proven that the continued use of the license could confuse consumers as to where the trademark came from which would cause damages - proven by little rest's advertisement of their affiliation
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
process of hiding the source of illegally acquired funds
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

20. What composes RICO?
obtaining ownership by living on anothers property
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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

21. Business process patents involve?
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
generally the use of a software to perform a job or deliver product
secondary meaning
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

22. Purpose of criminal penalties?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
a warranty that the buyer will not be disturbed in their possession of the land
entry of a plea - guilty/ not guilty

23. Meta tags
finder after obtaining a title
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
allows for use of copyrighted material under certain guidelines
key words of a website that are used for search engines

24. Arraignment is what?
process of hiding the source of illegally acquired funds
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
entry of a plea - guilty/ not guilty
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

25. Robbery
10 year period renewable
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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.
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

26. Trademarks are good for? are they renewable
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
mistake of fact
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
10 year period renewable

27. Facts to be used in the fair use standard are?
arises when customers begin to associate a specific term or phrase with specific trademarked items
this for that - sexual favors - general conduct however one incident is not enough
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

28. In order for a disability to be legally recognized what must exist?
record of such condition - being regarded as actually having a condition
classic stone corp. owns a profit in gross - and cannot transfer this right to another
taking property away from the owner with the intent of permanently removing them of ownership
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

29. What are some criminal defenses
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
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
entry of a plea - guilty/ not guilty
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

30. Are compilation of facts copyrightable? case example
probable cause
first person to invent not file for patent
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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

31. Money laundering
process of hiding the source of illegally acquired funds
reverse engineer - go through garbage..
conditional gifts that are only accepted upon the performance of marriage
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

32. How is the right to use a trademark determined?
who has been using it first or filed for it first
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying 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
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

33. The EEOC requires that victims do what before they hold employers liable?
prohibits excessive bail and fines - cruel and unusual punishment
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
sally would possess an easement in this case - the right to travel across property owner peter's land
members cannot give nationals favorable treatment

34. Sexual harassment is treated as what?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
the corporation could have prevented such acts
sexual harassment is protected under title 7 because it effects genders differently in the workplace
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

35. What determines likeliness of confusion?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
work for a company with more than 50 employees - employed for a year - and must try to give notice
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

36. What is protected expression?
owner of premise where it was found - after good title is acquired
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

37. EEOC is responsible for doing what?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
finder after obtaining a title
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

38. Do Deeds require consideration to be valid?
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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
No - property gifts are common

39. Collective mark
test is originality - lasts life of creator - protection is automatic
criticism - use in satire - news report - use to educate
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

40. What is retaliatory discharge?
another persons right to make limited use of another persons real property without taking anything away from the property
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

41. When property is found who gets property when it was abondoned?
treble damages
finder after obtaining a title
the property that will benefit from a profit
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

42. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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

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

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44. What terminates an easement?
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
document by which title to property is passed
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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. George V restauration s.a. V. Little Rest Twelve licensing case example

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46. Counterfeiting example? regarding punishment
the right to enter onto another persons property with the intentions of removing something valuable
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

47. What is a covenant of quiet enjoyment?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
intent when attached and will item be damaged because of removal? hard to determine
a warranty that the buyer will not be disturbed in their possession of the land

48. Napster example?
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
No - they are considered to be goods and is governed by the uniform commercial code
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

49. Difference between joint tenancy and tenancy in common?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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

50. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
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
the right to enter onto another persons property with the intentions of removing something valuable
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent