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Business Law Yale

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Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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1. What is a profit under real property law?
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
the right to enter onto another persons property with the intentions of removing something valuable
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

2. Commercial bribery example
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
intent when attached and will item be damaged because of removal? hard to determine
offering someone who works at a different firm money for their trade secrets

3. How long is a trademark protected? is it renewable
10 years and it is renewable
secondary meaning
a prohibited act. performance of such act is 1 part 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

4. Title VII prevents discrimination in?

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5. Remedies for patent infringement
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
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
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

6. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
a deed that transfers interest in a life estate from one to another
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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

7. In order to receive protection under the family medical leave act - one must?
a deed that transfers interest in a life estate from one to another
work for a company with more than 50 employees - employed for a year - and must try to give notice
secondary meaning
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

8. Do Deeds require consideration to be valid?
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
No - property gifts are common
obtaining ownership by living on anothers property

9. Determining disability regarding with and without equipment?
ownership rights to property
criminal defense stating that a crime was necessary in preventing an even greater crime
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
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

10. What is legally a disability?
this for that - sexual favors - general conduct however one incident is not enough
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
a physical or mental impairment that substantially limits one or more major life activities
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

11. What kind of mistake can be used as criminal defense?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
mistake of fact
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
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

12. Copyright requirements
fraudulent miss-use of funds that have been entrusted to them
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
test is originality - lasts life of creator - protection is automatic
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

13. What determines likeliness of confusion?
another persons right to make limited use of another persons real property without taking anything away from the property
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
arises when customers begin to associate a specific term or phrase with specific trademarked items
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

14. What is not copyrightable?
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
document by which title to property is passed
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

15. Duress criminal defense
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
probable cause

16. Cybersquatting
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
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
offering someone who works at a different firm money for their trade secrets

17. What composes RICO?
conditional gifts that are only accepted upon the performance of marriage
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
key words of a website that are used for search engines

18. In order for a disability to be legally recognized what must exist?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
probable cause
record of such condition - being regarded as actually having a condition

19. Napster example?
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

20. What happens when land is sold that is growing crops?
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 physical or mental impairment that substantially limits one or more major life activities
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

21. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

22. Collective mark
used by members of a cooperative organization to certify the quality of service or product
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
ownership rights to property
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

23. Indictment requires
sufficient evidence
allows for use of copyrighted material under certain guidelines
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
intent - delivery - acceptance

24. What is a Deed
document by which title to property is passed
No - property gifts are common
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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

25. Sexual harassment is treated as what?
members cannot give nationals favorable treatment
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
sexual harassment is protected under title 7 because it effects genders differently in the workplace

26. What terminates an easement?
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
any party can terminate an employment arrangement at anytime no questions asked
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

27. What are strong Marks?
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
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
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

28. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
secondary meaning
must effectively try to acquire protection as well as keep the secret
No - property gifts are common
10 year period renewable

29. Mislaid property
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
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
voluntarily parted with at the time - but then later tries to find it
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

30. What is protected expression?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
offering someone who works at a different firm money for their trade secrets

31. Drake V. Walton County regarding the county taking property
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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.
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
criminal defense stating that a crime was necessary in preventing an even greater crime

32. Fair labor standards act covers issues such as?
owners of secret must try and protect - destroy garbage
hours of employment - conditions - age of workers
another persons right to make limited use of another persons real property without taking anything away from the property
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

33. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
the church gave prince a license to erect a plywood wall to protect a construction site - but they placed steel pillars in the licensed area. the court ruled this to be trespassing
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
the property that is burdened by a profit

34. What are some criminal defenses
secondary meaning
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
multiple owners of real or personal property

35. Arraignment is what?
this for that - sexual favors - general conduct however one incident is not enough
entry of a plea - guilty/ not guilty
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

36. Responsible corporate officer doctrine?
property of one person rightfully in possession of another - custody
a deed that transfers interest in a life estate from one to another
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

37. What could be considered as sexual harassment in the work place
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
this for that - sexual favors - general conduct however one incident is not enough
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
another persons right to make limited use of another persons real property without taking anything away from the property

38. Avery conveys - transfers - to classic stone corporation the right to come onto her land and remove up to five hundred pounds of marble per day. What is this called? can classic stone corp. transfer this right?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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

39. Meta tags
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
10 year period renewable
key words of a website that are used for search engines

40. EEOC is responsible for doing what?
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
the corporation could have prevented such acts
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

41. Generic terms can never have?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
record of such condition - being regarded as actually having a condition
secondary meaning
test is originality - lasts life of creator - protection is automatic

42. What composes an 'at will doctrine'
obtaining ownership by living on anothers property
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
any party can terminate an employment arrangement at anytime no questions asked
a warranty that the buyer will not be disturbed in their possession of the land

43. Mistake of fact criminal defense example

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44. 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
property of one person rightfully in possession of another - custody
document by which title to property is passed
20 years from filing

45. What is a conveyance?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
work for a company with more than 50 employees - employed for a year - and must try to give notice
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
a deed that transfers interest in a life estate from one to another

46. Roman Catholic Church V. Prince Reality Management regarding a license?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
the church gave prince a license to erect a plywood wall to protect a construction site - but they placed steel pillars in the licensed area. the court ruled this to be trespassing
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

47. Candyland example?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
another persons right to make limited use of another persons real property without taking anything away from the property
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

48. Is it a fixture?
given exclusive possession and control over property - and knowingly accept responsibility
signed by hundreds of countries that establishes standards for the international protection of intellectual property
intent when attached and will item be damaged because of removal? hard to determine
voluntarily parted with at the time - but then later tries to find it

49. Title VII protected categories?
prohibits excessive bail and fines - cruel and unusual punishment
the right to enter onto another persons property with the intentions of removing something valuable
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
race - sex - national origin - color - religion

50. Country club case
taking property away from the owner with the intent of permanently removing them of ownership
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
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
criminal defense stating that a crime was necessary in preventing an even greater crime

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