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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. Concurrent ownership
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
multiple owners of real or personal property
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

2. Sexual harassment is treated as what?
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
criminal defense stating that a crime was necessary in preventing an even greater crime
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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

3. Patents allow for the owner to?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
sufficient evidence
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

4. What is not copyrightable?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
owner of premise where it was found - after good title is acquired
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

5. What is secondary meaning?
10 years and it is renewable
arises when customers begin to associate a specific term or phrase with specific trademarked items
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

6. 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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

7. Service mark
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
owners of secret must try and protect - destroy garbage
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
another persons right to make limited use of another persons real property without taking anything away from the property

8. What protection does the 6th amendment provide?
secondary meaning
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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

9. What is an easement?
No - property gifts are common
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
another persons right to make limited use of another persons real property without taking anything away from the property
prohibits excessive bail and fines - cruel and unusual punishment

10. Estray statutes encourage what?
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
document by which title to property is passed
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

11. What is the determining issue when proving entrapment?
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
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
mental state or intent part 2 of 2 for determining criminal liability
given exclusive possession and control over property - and knowingly accept responsibility

12. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

13. Responsible corporate officer doctrine?
novel - useful - non obvious
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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

14. Certification mark
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
it is a federal crime to use the us postal service to defraud others on false pretenses
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
10 year period renewable

15. Determining disability regarding with and without equipment?
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
cannot be tried again - no appeal
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

16. Necessity defense
hours of employment - conditions - age of workers
criminal defense stating that a crime was necessary in preventing an even greater crime
taking property away from the owner with the intent of permanently removing them of ownership
sufficient evidence

17. Darst V. Interstate Brands Corp. regarding family and medical leave rights
used by members of a cooperative organization to certify the quality of service or product
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
ownership rights to property

18. What composes an 'at will doctrine'
considering the fact that cocaine was no longer an active ingredient and had been advertised as so - the name coke was found to be so common a name for the beverage that Koke was an infringement of trademark
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
owners of secret must try and protect - destroy garbage
any party can terminate an employment arrangement at anytime no questions asked

19. Americans with disabilities act accomplishes what?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
taking property away from the owner with the intent of permanently removing them of ownership
sally would possess an easement in this case - the right to travel across property owner peter's land
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

20. Mislaid property
voluntarily parted with at the time - but then later tries to find it
sufficient evidence
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

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

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22. Constructive bailments are?

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23. 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.
first person to invent not file for patent
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
crops is considered to be real property and should be considered in the sale of such property.

24. Attorney client privilege accomplishes what?
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

25. Joint tenancy
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
process of hiding the source of illegally acquired funds
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

26. Mistake of fact criminal defense example

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27. Trademark dilution
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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

28. EEOC is responsible for doing what?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

29. Age discrimination achieves what?
mental state or intent part 2 of 2 for determining criminal liability
No - but if they find any other reason - like you have been late often than you'll probably get fired
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

30. Under the americans with disabilities act - when can a disability be discussed?

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31. Fair use doctrine
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
20 years from filing
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

32. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
secondary meaning
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
entry of a plea - guilty/ not guilty
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

33. What protection does the 8th amendment provide?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
prohibits excessive bail and fines - cruel and unusual punishment
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
sufficient evidence

34. Generic terms can never have?
secondary meaning
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
test is originality - lasts life of creator - protection is automatic

35. Gold club corporate criminal liability example?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

36. Are commercial flights permitted to fly over private property?
sally would possess an easement in this case - the right to travel across property owner peter's land
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

37. What is a conveyance?
property of one person rightfully in possession of another - custody
a deed that transfers interest in a life estate from one to another
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
No - they are considered to be goods and is governed by the uniform commercial code

38. When property is found that was mislaid who owns it?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
No - they are considered to be goods and is governed by the uniform commercial code
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

39. Commercial bribery example
offering someone who works at a different firm money for their trade secrets
sally would possess an easement in this case - the right to travel across property owner peter's land
generally the use of a software to perform a job or deliver product
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

40. What are the requirements for adverse possession to be recognized?
distinctive decor - menu - style - service of an offering
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
a physical or mental impairment that substantially limits one or more major life activities
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

41. How can someone legally acquire trade secrets?
hours of employment - conditions - age of workers
mistake of fact
record of such condition - being regarded as actually having a condition
reverse engineer - go through garbage..

42. 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?
No - they are considered to be goods and is governed by the uniform commercial code
the property that will benefit from a profit
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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

43. Reverse discrimination example firefighters
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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

44. 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
offering someone who works at a different firm money for their trade secrets
given exclusive possession and control over property - and knowingly accept responsibility
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

45. In order for a disability to be legally recognized what must exist?
novel - useful - non obvious
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 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
record of such condition - being regarded as actually having a condition

46. What uses fall under the fair use doctrine?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
criticism - use in satire - news report - use to educate
10 years and it is renewable
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

47. Examples of collective marks
process of hiding the source of illegally acquired funds
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
property of one person rightfully in possession of another - custody
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

48. How long is a trademark protected? is it renewable
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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.
10 years and it is renewable

49. 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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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

50. What is a Deed
race - sex - national origin - color - religion
document by which title to property is passed
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
a warranty that the buyer will not be disturbed in their possession of the land