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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. The madrid protocol accomplishes what?
key words of a website that are used for search engines
streamlines and standardizes the processes for applying for a trademark abroad
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
No - but if they find any other reason - like you have been late often than you'll probably get fired

2. What conditions are covered by the family medical leave act?
birth - child placement - employee health - care for spouse - child - or parent - military duty
work for a company with more than 50 employees - employed for a year - and must try to give notice
intent - delivery - acceptance
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

3. Gold club corporate criminal liability example?
first person to invent not file for patent
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

4. Trademarks are good for? are they renewable
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
10 year period renewable

5. Money laundering
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
hours of employment - conditions - age of workers
10 year period renewable

6. Estray statutes encourage 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
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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

7. Title VII prevents discrimination in?

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8. Mistake of fact criminal defense example

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9. Are commercial flights permitted to fly over private property?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
work for a company with more than 50 employees - employed for a year - and must try to give notice
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

10. In order to receive protection under the family medical leave act - one must?
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.
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
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.

11. Workers comp and negligence

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12. Outcome of a unanimous guilty verdict?
secondary meaning
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
can appeal - subject to new trial
20 years from filing

13. Are crops real property when they are sold?
conditional gifts that are only accepted upon the performance of marriage
No - they are considered to be goods and is governed by the uniform commercial code
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

14. Certification mark
sufficient evidence
No - but if they find any other reason - like you have been late often than you'll probably get fired
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

15. Tenancy in common
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
obtaining ownership by living on anothers property

16. Do Deeds require consideration to be valid?
No - property gifts are common
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
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

17. The WARN act calls for what?
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
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

18. What could be considered as sexual harassment in the work place
this for that - sexual favors - general conduct however one incident is not enough
cannot be tried again - no appeal
novel - useful - non obvious
taking property away from the owner with the intent of permanently removing them of ownership

19. Burglary
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
breaking into a residence with the intent of performing a felony. this is a crime against property.
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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

20. TRIPS agreement
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
signed by hundreds of countries that establishes standards for the international protection of intellectual 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

21. What is secondary meaning?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
arises when customers begin to associate a specific term or phrase with specific trademarked items
ownership rights to property
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

22. Sexual harassment is treated as what?
sally would possess an easement in this case - the right to travel across property owner peter's land
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
sexual harassment is protected under title 7 because it effects genders differently in the workplace
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

23. What are strong Marks?
used by members of a cooperative organization to certify the quality of service or product
finder after obtaining a title
20 years from filing
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

24. When property is found that was mislaid who owns it?
owner of premise where it was found - after good title is acquired
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
given exclusive possession and control over property - and knowingly accept responsibility
used by members of a cooperative organization to certify the quality of service or product

25. Business process patents involve?
secondary meaning
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
generally the use of a software to perform a job or deliver product
conditional gifts that are only accepted upon the performance of marriage

26. In order to prove discrimination in hiring one has to prove?
a deed that transfers interest in a life estate from one to another
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
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property

27. Concurrent ownership
test is originality - lasts life of creator - protection is automatic
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
multiple owners of real or personal property

28. Discrimination during the hiring process is acceptable when?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
agreement permitting use of a trademark
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

29. Fair use is limited to?
ownership rights to property
conditional gifts that are only accepted upon the performance of marriage
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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

30. Reverse discrimination example firefighters
a physical or mental impairment that substantially limits one or more major life activities
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
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

31. In real property law who is considered to be the dominant estate?
the property that is burdened by a profit
the property that will benefit from a profit
cannot be tried again - no appeal
obtaining ownership by living on anothers property

32. Generic terms can never have?
secondary meaning
10 years and it is renewable
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
generally the use of a software to perform a job or deliver product

33. Remedies for patent infringement
process of hiding the source of illegally acquired funds
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

34. What is can be considered trade dress?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
distinctive decor - menu - style - service of an offering
No - property gifts are common
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

35. What is protected expression?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
prohibits excessive bail and fines - cruel and unusual punishment
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

36. What happens when land is sold that is growing crops?
crops is considered to be real property and should be considered in the sale of such property.
generally the use of a software to perform a job or deliver product
it is a federal crime to use the us postal service to defraud others on false pretenses
first person to invent not file for patent

37. What is a Deed
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
cannot be tried again - no appeal
document by which title to property is passed

38. Commercial bribery example
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
offering someone who works at a different firm money for their trade secrets
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
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

39. Trademark dilution
it rewards citizens for putting land to good use rather than just sitting on expanses of property
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
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

40. EEOC is responsible for doing what?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
agreement permitting use of a trademark
the property that is burdened by a profit
mistake of fact

41. What is the difference between real and personal property?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
cannot be tried again - no appeal

42. Copyright requirements
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
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 warranty that the buyer will not be disturbed in their possession of the land

43. Possible ruling interpretations for accession cases
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
criticism - use in satire - news report - use to educate

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

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45. Example of an exception to the at will doctrine based on contract theory
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
criminal defense stating that a crime was necessary in preventing an even greater crime
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
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

46. Employers should handle hostile environments regarding protected members of title 7 by?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
the corporation could have prevented such acts

47. What is a warranty deed?
conditional gifts that are only accepted upon the performance of marriage
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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

48. What is the determining issue when proving entrapment?
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
the property that will benefit from a profit
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

49. Significance of coca-cola V. koke Co of America
this for that - sexual favors - general conduct however one incident is not enough
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
sally would possess an easement in this case - the right to travel across property owner peter's land
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

50. Special Bailments
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
mistake of fact
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses