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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. Business process patents involve?
No - they are considered to be goods and is governed by the uniform commercial code
can appeal - subject to new trial
generally the use of a software to perform a job or deliver product
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

2. Purpose of criminal penalties?
obtaining ownership by living on anothers property
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
work for a company with more than 50 employees - employed for a year - and must try to give notice
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

3. Steps to determining trademark infringement?
document by which title to property is passed
this for that - sexual favors - general conduct however one incident is not enough
who has been using it first or filed for it first
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

4. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
reverse engineer - go through garbage..
it is a federal crime to use the us postal service to defraud others on false pretenses

5. Meta tags
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
key words of a website that are used for search engines
classic stone corp. owns a profit in gross - and cannot transfer this right to another
obtaining ownership by living on anothers property

6. Are commercial flights permitted to fly over private property?
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
criticism - use in satire - news report - use to educate
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

7. How is the right to use a trademark determined?
who has been using it first or filed for it first
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
mistake of fact

8. Derivative work
mental state or intent part 2 of 2 for determining criminal liability
used by members of a cooperative organization to certify the quality of service or product
work for a company with more than 50 employees - employed for a year - and must try to give notice
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

9. KSR Internation V. Teleflex INC. regarding what is patentable?

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10. Estray statutes encourage what?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
record of such condition - being regarded as actually having a condition
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
novel - useful - non obvious

11. The Berne Convention
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
mistake of fact
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

12. How can someone legally acquire trade secrets?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
reverse engineer - go through garbage..
owner of premise where it was found - after good title is acquired
intent when attached and will item be damaged because of removal? hard to determine

13. Employers should handle hostile environments regarding protected members of title 7 by?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
voluntarily parted with at the time - but then later tries to find it
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
first person to invent not file for patent

14. Tenancy by the entirety - or community ownership
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
fraudulent miss-use of funds that have been entrusted to them
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

15. In real property law who is considered to be the servient estate?
distinctive decor - menu - style - service of an offering
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
process of hiding the source of illegally acquired funds
the property that is burdened by a profit

16. Difference between joint tenancy and tenancy in common?
intent - delivery - acceptance
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
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
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.

17. Can you be fired for whistle blowing?

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18. Members of the TRIPS agreement cannot do what?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
members cannot give nationals favorable treatment
novel - useful - non obvious

19. Example of an exception to the at will doctrine based on contract theory
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
the property that is burdened by a profit

20. Fair use is limited to?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
given exclusive possession and control over property - and knowingly accept responsibility

21. EEOC is responsible for doing what?
who has been using it first or filed for it first
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

22. Concurrent ownership
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
multiple owners of real or personal property
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

23. Reverse discrimination example firefighters
treble damages
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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

24. What conditions are covered by the family medical leave act?
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
it is a federal crime to use the us postal service to defraud others on false pretenses

25. Counterfeiting example? regarding punishment
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
conditional gifts that are only accepted upon the performance of marriage
key words of a website that are used for search engines

26. Commercial bribery example
taking property away from the owner with the intent of permanently removing them of ownership
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
arises when customers begin to associate a specific term or phrase with specific trademarked items
offering someone who works at a different firm money for their trade secrets

27. Mens Rea
conditional gifts that are only accepted upon the performance of marriage
mental state or intent part 2 of 2 for determining criminal liability
probable cause
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

28. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
process of hiding the source of illegally acquired funds
the corporation could have prevented such acts
agreement permitting use of a trademark

29. Arraignment is what?
members cannot give nationals favorable treatment
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
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
entry of a plea - guilty/ not guilty

30. What is a warranty deed?
secondary meaning
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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

31. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
secondary meaning
can appeal - subject to new trial
streamlines and standardizes the processes for applying for a trademark abroad

32. The EEOC requires that victims do what before they hold employers liable?
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
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
10 years and it is renewable
who has been using it first or filed for it first

33. Necessity defense
this for that - sexual favors - general conduct however one incident is not enough
criminal defense stating that a crime was necessary in preventing an even greater crime
it is a federal crime to use the us postal service to defraud others on false pretenses
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

34. Outcome of unanimous not guilty?
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
allows for use of copyrighted material under certain guidelines
cannot be tried again - no appeal
another persons right to make limited use of another persons real property without taking anything away from the property

35. Patent Requirements
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
must effectively try to acquire protection as well as keep the secret
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
novel - useful - non obvious

36. What is an easement by implication?
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
multiple owners of real or personal property

37. How long is a copyright protected? for a corporation?
mental state or intent part 2 of 2 for determining criminal liability
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
ownership rights to property
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

38. Napster example?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
hours of employment - conditions - age of workers
No - property gifts are common

39. How long are patents protected?
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
20 years from filing
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

40. Triple amount of damages definition
prohibits excessive bail and fines - cruel and unusual punishment
20 years from filing
treble damages
obtaining ownership by living on anothers property

41. What are some criminal defenses
agreement permitting use of a trademark
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

42. What is a profit under real property law?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
sally would possess an easement in this case - the right to travel across property owner peter's land
a deed that transfers interest in a life estate from one to another
the right to enter onto another persons property with the intentions of removing something valuable

43. What composes RICO?
streamlines and standardizes the processes for applying for a trademark abroad
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 when attached and will item be damaged because of removal? hard to determine
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

44. What is retaliatory discharge?
it is a federal crime to use the us postal service to defraud others on false pretenses
conditional gifts that are only accepted upon the performance of marriage
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

45. In order to prove discrimination in hiring one has to prove?
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
criminal defense stating that a crime was necessary in preventing an even greater crime
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

46. Special Bailments
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
allows for use of copyrighted material under certain guidelines
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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

47. License in trademark law?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
agreement permitting use of a trademark
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

48. What happens when land is sold that is growing crops?
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
crops is considered to be real property and should be considered in the sale of such property.
it rewards citizens for putting land to good use rather than just sitting on expanses of property
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

49. What terminates an easement?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
agreement permitting use of a trademark

50. Requirements of a bailement
the property that is burdened by a profit
multiple owners of real or personal property
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
given exclusive possession and control over property - and knowingly accept responsibility