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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. Mail fraud act example senator?
intent when attached and will item be damaged because of removal? hard to determine
owners of secret must try and protect - destroy garbage
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
taking property away from the owner with the intent of permanently removing them of ownership

2. Sexual harassment is treated as what?
voluntarily parted with at the time - but then later tries to find it
test is originality - lasts life of creator - protection is automatic
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
sexual harassment is protected under title 7 because it effects genders differently in the workplace

3. What is protected expression?
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
members cannot give nationals favorable treatment
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

4. What is a covenant of quiet enjoyment?
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 deed that transfers interest in a life estate from one to another
a warranty that the buyer will not be disturbed in their possession of the land
classic stone corp. owns a profit in gross - and cannot transfer this right to another

5. Possible ruling interpretations for accession cases
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
the property that is burdened by a profit
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

6. When property is found who gets property when it was abondoned?
criminal defense stating that a crime was necessary in preventing an even greater crime
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
finder after obtaining a title

7. Responsible corporate officer doctrine?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

8. TRIPS agreement
used by members of a cooperative organization to certify the quality of service or product
must effectively try to acquire protection as well as keep the secret
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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

9. Purpose of criminal penalties?
the corporation could have prevented such acts
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
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

10. Reasonable accommodation requirements by the ADA
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

11. What is an easement by prescription?
multiple owners of real or personal property
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
the property that will benefit from a profit

12. Meta tags
another persons right to make limited use of another persons real property without taking anything away from the property
key words of a website that are used for search engines
intent when attached and will item be damaged because of removal? hard to determine
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

13. Robbery
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

14. Duress criminal defense
a warranty that the buyer will not be disturbed in their possession of the land
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
streamlines and standardizes the processes for applying for a trademark abroad
arises when customers begin to associate a specific term or phrase with specific trademarked items

15. What could be considered as sexual harassment in the work place
prohibits excessive bail and fines - cruel and unusual punishment
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
this for that - sexual favors - general conduct however one incident is not enough
classic stone corp. owns a profit in gross - and cannot transfer this right to another

16. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
the corporation could have prevented such acts
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

17. What is the purpose of the adverse possession doctrine?
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
streamlines and standardizes the processes for applying for a trademark abroad

18. What determines likeliness of confusion?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

19. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
sexual harassment is protected under title 7 because it effects genders differently in the workplace
first person to invent not file for patent
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

20. Concurrent ownership
multiple owners of real or personal property
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
No - but if they find any other reason - like you have been late often than you'll probably get fired

21. What is a conveyance?
a deed that transfers interest in a life estate from one to another
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
race - sex - national origin - color - religion

22. Special Bailments
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
sufficient evidence
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

23. Americans with disabilities act accomplishes what?
finder after obtaining a title
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
ownership rights to property
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

24. Arrest requires
probable cause
crops is considered to be real property and should be considered in the sale of such property.
the property that is burdened by a profit
mental state or intent part 2 of 2 for determining criminal liability

25. What kind of mistake can be used as criminal defense?
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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
mistake of fact

26. Dominion
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
ownership rights to property
conditional gifts that are only accepted upon the performance of marriage
work for a company with more than 50 employees - employed for a year - and must try to give notice

27. Collective mark
20 years from filing
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
used by members of a cooperative organization to certify the quality of service or product
key words of a website that are used for search engines

28. In order for a disability to be legally recognized what must exist?
record of such condition - being regarded as actually having a condition
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
multiple owners of real or personal property

29. What is the difference between real and personal property?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
record of such condition - being regarded as actually having a condition
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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.

30. Example of an exception to the at will doctrine based on tort theory
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
secondary meaning
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

31. Adverse possession
owners of secret must try and protect - destroy garbage
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
obtaining ownership by living on anothers property
hours of employment - conditions - age of workers

32. The WARN act calls for what?
attorney needs all the information to properly defend their client - so in order to give people this right to a fair trial they need defense
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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

33. Determining disability regarding with and without equipment?
members cannot give nationals favorable treatment
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

34. Facts to be used in the fair use standard are?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
work for a company with more than 50 employees - employed for a year - and must try to give notice
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
a physical or mental impairment that substantially limits one or more major life activities

35. How long is a copyright protected? for a corporation?
who has been using it first or filed for it first
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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

36. What is the determining issue when proving entrapment?
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
No - they are considered to be goods and is governed by the uniform commercial code
a physical or mental impairment that substantially limits one or more major life activities

37. 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?
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
entry of a plea - guilty/ not guilty
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

38. 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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
the property that will benefit from a profit

39. Napster example?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
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
the property that is burdened by a profit

40. In order to receive protection under the family medical leave act - one must?
multiple owners of real or personal property
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
property of one person rightfully in possession of another - custody

41. Business process patents involve?
race - sex - national origin - color - religion
generally the use of a software to perform a job or deliver product
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
it rewards citizens for putting land to good use rather than just sitting on expanses of property

42. What are some criminal defenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
prohibits excessive bail and fines - cruel and unusual punishment
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

43. What are the requirements for adverse possession to be recognized?
crops is considered to be real property and should be considered in the sale of such property.
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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

44. Are compilation of facts copyrightable? case example
reverse engineer - go through garbage..
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
intent - delivery - acceptance

45. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
secondary meaning
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
the right to enter onto another persons property with the intentions of removing something valuable

46. Are crops real property when they are sold?
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
No - they are considered to be goods and is governed by the uniform commercial code
No - property gifts are common
it rewards citizens for putting land to good use rather than just sitting on expanses of property

47. Burglary
sufficient evidence
breaking into a residence with the intent of performing a felony. this is a crime against property.
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
sally would possess an easement in this case - the right to travel across property owner peter's land

48. Secondary Meaning Example frosty treats
property of one person rightfully in possession of another - custody
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
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

49. In order to recieve protection what must one do?
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
can appeal - subject to new trial
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
must effectively try to acquire protection as well as keep the secret

50. Certification mark
classic stone corp. owns a profit in gross - and cannot transfer this right to another
a physical or mental impairment that substantially limits one or more major life activities
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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.