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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. Robbery
criminal defense stating that a crime was necessary in preventing an even greater crime
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

2. What conditions are covered by the family medical leave act?
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
record of such condition - being regarded as actually having a condition
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

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

4. What kind of mistake can be used as criminal defense?
voluntarily parted with at the time - but then later tries to find it
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
mistake of fact
the property that is burdened by a profit

5. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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

6. Is it a fixture?
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
agreement permitting use of a trademark
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
intent when attached and will item be damaged because of removal? hard to determine

7. What are strong Marks?
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
ownership rights to property
a deed that transfers interest in a life estate from one to another
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

8. What terminates an easement?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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 deed that transfers interest in a life estate from one to another

9. Mail fraud act example senator?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
the corporation could have prevented such acts
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

10. Sexual harassment is treated as what?
allows for use of copyrighted material under certain guidelines
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
sexual harassment is protected under title 7 because it effects genders differently in the workplace

11. What is secondary meaning?
arises when customers begin to associate a specific term or phrase with specific trademarked items
used by members of a cooperative organization to certify the quality of service or product
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
a physical or mental impairment that substantially limits one or more major life activities

12. Facts to be used in the fair use standard are?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

13. Title VII protected categories?
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
intent - delivery - acceptance
race - sex - national origin - color - religion
breaking into a residence with the intent of performing a felony. this is a crime against property.

14. In order to prove discrimination in hiring one has to prove?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

15. Determining disability regarding with and without equipment?
finder after obtaining a title
can appeal - subject to new trial
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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

16. Do Deeds require consideration to be valid?
No - property gifts are common
cannot be tried again - no appeal
criminal defense stating that a crime was necessary in preventing an even greater crime
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

17. Concurrent ownership
multiple owners of real or personal property
classic stone corp. owns a profit in gross - and cannot transfer this right to another
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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

18. Copyright requirements
mistake of fact
criminal defense stating that a crime was necessary in preventing an even greater crime
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
test is originality - lasts life of creator - protection is automatic

19. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
used to protect famous trademarks from unauthorized use with non-competitive or related products; deals with somehow taking away from the value of the trademark - bugs bunny motel example
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

20. Secondary Meaning Example frosty treats
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
owner of premise where it was found - after good title is acquired
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

21. What are the requirements for making a gift an effective transfer of ownership?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
intent - delivery - acceptance
secondary meaning
classic stone corp. owns a profit in gross - and cannot transfer this right to another

22. Candyland example?
cannot be tried again - no appeal
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
key words of a website that are used for search engines

23. Engagement rings are considered to be?
conditional gifts that are only accepted upon the performance of marriage
arises when customers begin to associate a specific term or phrase with specific trademarked items
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

24. What composes RICO?
the property that is burdened by a profit
any party can terminate an employment arrangement at anytime no questions asked
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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

25. Patents allow for the owner to?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
mistake of fact

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

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

28. Difference between joint tenancy and tenancy in common?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
another persons right to make limited use of another persons real property without taking anything away from the property
offering someone who works at a different firm money for their trade secrets
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

29. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

30. Employers should handle hostile environments regarding protected members of title 7 by?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
work for a company with more than 50 employees - employed for a year - and must try to give notice
crops is considered to be real property and should be considered in the sale of such property.
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

31. Joint tenancy
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
classic stone corp. owns a profit in gross - and cannot transfer this right to another
generally the use of a software to perform a job or deliver product
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

32. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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

33. Example of an exception to the at will doctrine based on tort theory
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
a physical or mental impairment that substantially limits one or more major life activities
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
allows for use of copyrighted material under certain guidelines

34. 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
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
novel - useful - non obvious
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

35. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?

36. What protection does the 8th amendment provide?
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
prohibits excessive bail and fines - cruel and unusual punishment

37. Tenancy by the entirety - or community ownership
obtaining ownership by living on anothers property
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

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

39. 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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
used by members of a cooperative organization to certify the quality of service or product
the corporation could have prevented such acts

40. Dominion
ownership rights to 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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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

41. Patent Requirements
distinctive decor - menu - style - service of an offering
novel - useful - non obvious
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
streamlines and standardizes the processes for applying for a trademark abroad

42. 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
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
prohibits excessive bail and fines - cruel and unusual punishment

43. When property is found that was mislaid who owns it?
owner of premise where it was found - after good title is acquired
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
a warranty that the buyer will not be disturbed in their possession of the land

44. What is an easement by prescription?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
finder after obtaining a title
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
No - property gifts are common

45. Collective mark
offering someone who works at a different firm money for their trade secrets
used by members of a cooperative organization to certify the quality of service or product
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
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

46. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
reverse engineer - go through garbage..
10 year period renewable
multiple owners of real or personal property

47. How long are patents protected?
ownership rights to property
20 years from filing
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

48. Can you be fired for whistle blowing?

49. In real property law who is considered to be the servient estate?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
sufficient evidence
the property that is burdened by a profit
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

50. What determines likeliness of confusion?
No - but if they find any other reason - like you have been late often than you'll probably get fired
taking property away from the owner with the intent of permanently removing them of ownership
voluntarily parted with at the time - but then later tries to find it
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe