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Business Law Yale

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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. Avery conveys - transfers - to classic stone corporation the right to come onto her land and remove up to five hundred pounds of marble per day. What is this called? can classic stone corp. transfer this right?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
intent - delivery - acceptance
classic stone corp. owns a profit in gross - and cannot transfer this right to another
this for that - sexual favors - general conduct however one incident is not enough

2. Examples of collective marks
finder after obtaining a title
criticism - use in satire - news report - use to educate
offering someone who works at a different firm money for their trade secrets
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

3. Cybersquatting
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

4. How are trade secrets treated and protected?
secondary meaning
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
fraudulent miss-use of funds that have been entrusted to them
owners of secret must try and protect - destroy garbage

5. What are the requirements for adverse possession to be recognized?
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
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
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

6. Mistake of fact criminal defense example

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7. Discrimination during the hiring process is acceptable when?
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

8. Are crops real property when they are sold?
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
No - they are considered to be goods and is governed by the uniform commercial code
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
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

9. In real property law who is considered to be the servient estate?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
the property that is burdened by a profit
intent - delivery - acceptance

10. 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
secondary meaning
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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

11. Workers comp and negligence

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12. Sambucks vs. starbucks
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
first person to invent not file for patent
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

13. 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
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
prohibits excessive bail and fines - cruel and unusual punishment

14. What is the result of a mistrial or a hung jury?
intent - delivery - acceptance
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
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 common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

15. What is an implied warranty of habitability?
No - but if they find any other reason - like you have been late often than you'll probably get fired
a warranty that the buyer will not be disturbed in their possession of the land
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
record of such condition - being regarded as actually having a condition

16. How can someone legally acquire trade secrets?
a deed that transfers interest in a life estate from one to another
reverse engineer - go through garbage..
signed by hundreds of countries that establishes standards for the international protection of intellectual property
property of one person rightfully in possession of another - custody

17. In the united states who gets the patent if there is a conflict?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
fraudulent miss-use of funds that have been entrusted to them
members cannot give nationals favorable treatment
first person to invent not file for patent

18. Requirements of a bailement
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
owner of premise where it was found - after good title is acquired
given exclusive possession and control over property - and knowingly accept responsibility

19. 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?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

20. Estray statutes encourage what?
the property that is burdened by a profit
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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

21. Dominion
ownership rights to property
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
sufficient evidence
voluntarily parted with at the time - but then later tries to find it

22. License in trademark law?
the right to enter onto another persons property with the intentions of removing something valuable
agreement permitting use of a trademark
it is a federal crime to use the us postal service to defraud others on false pretenses
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

23. What composes an 'at will doctrine'
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
record of such condition - being regarded as actually having a condition
sally would possess an easement in this case - the right to travel across property owner peter's land
any party can terminate an employment arrangement at anytime no questions asked

24. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
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
document by which title to property is passed
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

25. Arrest requires
probable cause
mental state or intent part 2 of 2 for determining criminal liability
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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

26. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
allows for use of copyrighted material under certain guidelines

27. Secondary Meaning Example frosty treats
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

28. Outcome of unanimous not guilty?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
cannot be tried again - no appeal

29. How is the right to use a trademark determined?
given exclusive possession and control over property - and knowingly accept responsibility
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
who has been using it first or filed for it first

30. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
criminal defense stating that a crime was necessary in preventing an even greater crime
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

31. Arraignment is what?
another persons right to make limited use of another persons real property without taking anything away from the property
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
entry of a plea - guilty/ not guilty

32. Are commercial flights permitted to fly over private property?
treble damages
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
No - property gifts are common
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

33. Possible ruling interpretations for accession cases
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
sufficient evidence
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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

34. What is a profit under real property law?
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 deed that transfers interest in a life estate from one to another
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
the right to enter onto another persons property with the intentions of removing something valuable

35. Steps to determining trademark infringement?
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
secondary meaning
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

36. What conditions are covered by the family medical leave act?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
birth - child placement - employee health - care for spouse - child - or parent - military duty

37. Engagement rings are considered to be?
conditional gifts that are only accepted upon the performance of marriage
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace

38. What is a warranty deed?
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
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
ownership rights to 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

39. Americans with disabilities act accomplishes what?
multiple owners of real or personal property
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

40. What is retaliatory discharge?
crops is considered to be real property and should be considered in the sale of such property.
process of hiding the source of illegally acquired funds
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
given exclusive possession and control over property - and knowingly accept responsibility

41. How long is a copyright protected? for a corporation?
offering someone who works at a different firm money for their trade secrets
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

42. Determining disability regarding with and without equipment?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
sufficient evidence
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

43. Duress criminal defense
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

44. The madrid protocol accomplishes what?
finder after obtaining a title
sufficient evidence
streamlines and standardizes the processes for applying for a trademark abroad
reverse engineer - go through garbage..

45. How can you come to possess land through adverse possession?
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
another persons right to make limited use of another persons real property without taking anything away from the 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

46. In order to receive protection under the family medical leave act - one must?
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
signed by hundreds of countries that establishes standards for the international protection of intellectual property
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

47. In order to recieve protection what must one do?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
hours of employment - conditions - age of workers
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
must effectively try to acquire protection as well as keep the secret

48. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
probable cause
owners of secret must try and protect - destroy garbage
offering someone who works at a different firm money for their trade secrets

49. 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
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

50. Title VII prevents discrimination in?

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