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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. Roman Catholic Church V. Prince Reality Management regarding a license?
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
voluntarily parted with at the time - but then later tries to find it

2. Patents allow for the owner to?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
members cannot give nationals favorable treatment
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

3. Burglary
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
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
a physical or mental impairment that substantially limits one or more major life activities

4. In order to prove discrimination in hiring one has to prove?
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
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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

5. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
No - property gifts are common
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

6. How are trade secrets treated and protected?
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
owners of secret must try and protect - destroy garbage
first person to invent not file for patent
race - sex - national origin - color - religion

7. Tenancy in common
process of hiding the source of illegally acquired funds
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

8. The WARN act calls for what?
the corporation could have prevented such acts
the property that is burdened by a profit
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
intent - delivery - acceptance

9. What is can be considered trade dress?
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
secondary meaning
fraudulent miss-use of funds that have been entrusted to them
distinctive decor - menu - style - service of an offering

10. Adverse possession
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
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
distinctive decor - menu - style - service of an offering
obtaining ownership by living on anothers property

11. What determines likeliness of confusion?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
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 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

12. Embezzlement
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
fraudulent miss-use of funds that have been entrusted to them
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

13. Attorney client privilege accomplishes 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 physical or mental impairment that substantially limits one or more major life activities
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
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.

14. Reverse discrimination example firefighters
a deed that transfers interest in a life estate from one to another
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
the corporation could have prevented such acts
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

15. Dominion
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
ownership rights to property
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

16. Constructive bailments are?

17. 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
the corporation could have prevented such acts
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

18. Fair use doctrine
allows for use of copyrighted material under certain guidelines
obtaining ownership by living on anothers property
sufficient evidence
mental state or intent part 2 of 2 for determining criminal liability

19. Mens Rea
owners of secret must try and protect - destroy garbage
mental state or intent part 2 of 2 for determining criminal liability
secondary meaning
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

20. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
No - they are considered to be goods and is governed by the uniform commercial code
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

21. What are the requirements for making a gift an effective transfer of ownership?
10 year period renewable
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
intent - delivery - acceptance
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

22. Triple amount of damages definition
treble damages
agreement permitting use of a trademark
10 years and it is renewable
a physical or mental impairment that substantially limits one or more major life activities

23. The madrid protocol accomplishes what?
voluntarily parted with at the time - but then later tries to find it
streamlines and standardizes the processes for applying for a trademark abroad
key words of a website that are used for search engines
the property that will benefit from a profit

24. Cybersquatting
intent when attached and will item be damaged because of removal? hard to determine
ownership rights to property
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

25. How can you come to possess land through adverse possession?
criminal defense stating that a crime was necessary in preventing an even greater crime
criticism - use in satire - news report - use to educate
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
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

26. Commercial bribery example
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
offering someone who works at a different firm money for their trade secrets

27. When property is found that was mislaid who owns it?
criticism - use in satire - news report - use to educate
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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

28. Copyright requirements
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
crops is considered to be real property and should be considered in the sale of such property.
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
test is originality - lasts life of creator - protection is automatic

29. Secondary Meaning Example frosty treats
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
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
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 deed that transfers interest in a life estate from one to another

30. In order to receive protection under the family medical leave act - one must?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
work for a company with more than 50 employees - employed for a year - and must try to give notice
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

31. What is an easement?
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
another persons right to make limited use of another persons real property without taking anything away from the property
members cannot give nationals favorable treatment

32. What could be considered as sexual harassment in the work place
the corporation could have prevented such acts
this for that - sexual favors - general conduct however one incident is not enough
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
race - sex - national origin - color - religion

33. Tenancy by the entirety - or community ownership
sufficient evidence
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
another persons right to make limited use of another persons real property without taking anything away from the property

34. Drake V. Walton County regarding the county taking property
hours of employment - conditions - age of workers
generally the use of a software to perform a job or deliver product
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.
reverse engineer - go through garbage..

35. Title VII prevents discrimination in?

36. What is a license considered to be in real property law?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
multiple owners of real or personal property
probable cause

37. Country club case
can appeal - subject to new trial
reverse engineer - go through garbage..
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
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

38. What must a deed possess to be valid?

39. Workers comp and negligence

40. Duress criminal defense
intent - delivery - acceptance
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

41. Is it a fixture?
another persons right to make limited use of another persons real property without taking anything away from the property
a warranty that the buyer will not be disturbed in their possession of the land
intent when attached and will item be damaged because of removal? hard to determine
conditional gifts that are only accepted upon the performance of marriage

42. In real property law who is considered to be the dominant estate?
a physical or mental impairment that substantially limits one or more major life activities
the property that is burdened by a profit
the property that will benefit from a profit
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

43. Certification mark
process of hiding the source of illegally acquired funds
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
test is originality - lasts life of creator - protection is automatic
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

44. Strong Marks Case Example

45. Mistake of fact criminal defense example

46. Candyland example?
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
hours of employment - conditions - age of workers
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

47. What is protected expression?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
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

48. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
secondary meaning
a warranty that the buyer will not be disturbed in their possession of the land
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

49. Possible ruling interpretations for accession cases
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
who has been using it first or filed for it first

50. 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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
this for that - sexual favors - general conduct however one incident is not enough
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