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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. In real property law who is considered to be the dominant estate?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
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
the property that will benefit from a profit

2. Secondary Meaning Example frosty treats
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
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
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
the corporation could have prevented such acts

3. Copyright requirements
test is originality - lasts life of creator - protection is automatic
multiple owners of real or personal property
No - property gifts are common
prohibits excessive bail and fines - cruel and unusual punishment

4. What is the purpose of the adverse possession doctrine?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
it rewards citizens for putting land to good use rather than just sitting on expanses of 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

5. Bailments are?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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
property of one person rightfully in possession of another - custody
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

6. What is an easement by prescription?
entry of a plea - guilty/ not guilty
reverse engineer - go through garbage..
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
the property that will benefit from a profit

7. What is a license considered to be in real property law?
ownership rights to property
classic stone corp. owns a profit in gross - and cannot transfer this right to another
another persons right to make limited use of another persons real property without taking anything away from the property
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

8. Money laundering
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
process of hiding the source of illegally acquired funds
secondary meaning
the right to enter onto another persons property with the intentions of removing something valuable

9. Gold club corporate criminal liability example?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
breaking into a residence with the intent of performing a felony. this is a crime against property.
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

10. Napster example?
a physical or mental impairment that substantially limits one or more major life activities
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

11. In order to receive protection under the family medical leave act - one must?
finder after obtaining a title
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
work for a company with more than 50 employees - employed for a year - and must try to give notice

12. EEOC is responsible for doing what?
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
10 year period renewable
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
distinctive decor - menu - style - service of an offering

13. How can you come to possess land through adverse possession?
criminal defense stating that a crime was necessary in preventing an even greater crime
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
this for that - sexual favors - general conduct however one incident is not enough
who has been using it first or filed for it first

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

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15. TRIPS agreement
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
a warranty that the buyer will not be disturbed in their possession of the land
signed by hundreds of countries that establishes standards for the international protection of intellectual property

16. Concurrent ownership
sexual harassment is protected under title 7 because it effects genders differently in the workplace
reverse engineer - go through garbage..
a physical or mental impairment that substantially limits one or more major life activities
multiple owners of real or personal property

17. What determines likeliness of confusion?
the right to enter onto another persons property with the intentions of removing something valuable
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
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

18. Generic terms can never have?
secondary meaning
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
intent when attached and will item be damaged because of removal? hard to determine
a deed that transfers interest in a life estate from one to another

19. How is the right to use a trademark determined?
cannot be tried again - no appeal
who has been using it first or filed for it first
taking property away from the owner with the intent of permanently removing them of ownership
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

20. In order to prove discrimination in hiring one has to prove?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
document by which title to property is passed
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

21. What kind of mistake can be used as criminal defense?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
No - property gifts are common
mistake of fact
process of hiding the source of illegally acquired funds

22. Are crops real property when they are sold?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
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
No - they are considered to be goods and is governed by the uniform commercial code

23. In real property law who is considered to be the servient estate?
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
the property that is burdened by a profit
No - property gifts are common
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

24. Fair use doctrine
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
allows for use of copyrighted material under certain guidelines
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
voluntarily parted with at the time - but then later tries to find it

25. Sexual harassment is treated as what?
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.
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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

26. Trademarks are good for? are they renewable
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
10 year period renewable
the corporation could have prevented such acts
offering someone who works at a different firm money for their trade secrets

27. Engagement rings are considered to be?
the corporation could have prevented such acts
streamlines and standardizes the processes for applying for a trademark abroad
owners of secret must try and protect - destroy garbage
conditional gifts that are only accepted upon the performance of marriage

28. What conditions are covered by the family medical leave act?
document by which title to property is passed
birth - child placement - employee health - care for spouse - child - or parent - military duty
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

29. License in trademark law?
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
agreement permitting use of a trademark
used by members of a cooperative organization to certify the quality of service or product
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

30. How can someone legally acquire trade secrets?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
reverse engineer - go through garbage..
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
can appeal - subject to new trial

31. In the united states who gets the patent if there is a conflict?
No - they are considered to be goods and is governed by the uniform commercial code
criticism - use in satire - news report - use to educate
first person to invent not file for patent
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

32. Estray statutes encourage what?
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
it is a federal crime to use the us postal service to defraud others on false pretenses
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

33. What terminates an easement?
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
this for that - sexual favors - general conduct however one incident is not enough
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

34. Tenancy in common
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
distinctive decor - menu - style - service of an offering
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
arises when customers begin to associate a specific term or phrase with specific trademarked items

35. What is a job offer?
owners of secret must try and protect - destroy garbage
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
must effectively try to acquire protection as well as keep the secret

36. Are compilation of facts copyrightable? case example
secondary meaning
obtaining ownership by living on anothers property
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
crops is considered to be real property and should be considered in the sale of such property.

37. The Berne Convention
cannot be tried again - no appeal
must effectively try to acquire protection as well as keep the secret
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

38. Strong Marks Case Example

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39. How long are patents protected?
any party can terminate an employment arrangement at anytime no questions asked
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
20 years from filing
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

40. Examples of collective marks
a deed that transfers interest in a life estate from one to another
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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

41. The madrid protocol accomplishes what?
taking property away from the owner with the intent of permanently removing them of ownership
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
streamlines and standardizes the processes for applying for a trademark abroad

42. Business process patents involve?
generally the use of a software to perform a job or deliver product
can appeal - subject to new trial
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
document by which title to property is passed

43. Steps to determining trademark infringement?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
can appeal - subject to new trial
process of hiding the source of illegally acquired funds
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

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

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45. Patent Requirements
a deed that transfers interest in a life estate from one to another
must effectively try to acquire protection as well as keep the secret
novel - useful - non obvious
a warranty that the buyer will not be disturbed in their possession of the land

46. When property is found who gets property when it was abondoned?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
work for a company with more than 50 employees - employed for a year - and must try to give notice
finder after obtaining a title

47. What is legally a disability?
mental state or intent part 2 of 2 for determining criminal liability
proven that the continued use of the license could confuse consumers as to where the trademark came from which would cause damages - proven by little rest's advertisement of their affiliation
a physical or mental impairment that substantially limits one or more major life activities
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

48. Robbery
property of one person rightfully in possession of another - custody
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

49. What is Actus Reus
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
10 year period renewable
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

50. What protection does the 6th amendment provide?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
this for that - sexual favors - general conduct however one incident is not enough
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel