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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. When property is found that was mislaid who owns it?
owner of premise where it was found - after good title is acquired
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 years from filing
secondary meaning

2. Possible ruling interpretations for accession cases
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
prohibits excessive bail and fines - cruel and unusual punishment

3. In the united states who gets the patent if there is a conflict?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
first person to invent not file for patent
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

4. Copyright requirements
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
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
test is originality - lasts life of creator - protection is automatic

5. Meta tags
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
key words of a website that are used for search engines
agreement permitting use of a trademark

6. Determining disability regarding with and without equipment?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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 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

7. Arrest requires
race - sex - national origin - color - religion
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.
probable cause
cannot be tried again - no appeal

8. Generic terms can never have?
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
secondary meaning
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

9. What could be considered as sexual harassment in the work place
agreement permitting use of a trademark
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
this for that - sexual favors - general conduct however one incident is not enough
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

10. Under the americans with disabilities act - when can a disability be discussed?

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11. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
this for that - sexual favors - general conduct however one incident is not enough
entry of a plea - guilty/ not guilty
taking property away from the owner with the intent of permanently removing them of ownership

12. What protection does the 6th amendment provide?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
the corporation could have prevented such acts
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

13. Bailments are?
property of one person rightfully in possession of another - custody
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
probable cause
this for that - sexual favors - general conduct however one incident is not enough

14. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
mental state or intent part 2 of 2 for determining criminal liability
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
ownership rights to property

15. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
can appeal - subject to new trial
sufficient evidence
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

16. Money laundering
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
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
process of hiding the source of illegally acquired funds
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

17. Title VII prevents discrimination in?

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18. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
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
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

19. What determines likeliness of confusion?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
mistake of fact
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

20. Outcome of a unanimous guilty verdict?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
can appeal - subject to new trial
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

21. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
No - property gifts are common
20 years from filing
hours of employment - conditions - age of workers

22. Tenancy in common
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
the property that will benefit from a profit
crops is considered to be real property and should be considered in the sale of such property.
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

23. Example of an exception to the at will doctrine based on contract theory
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
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
document by which title to property is passed
mistake of fact

24. Requirements of a bailement
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
given exclusive possession and control over property - and knowingly accept responsibility
mistake of fact

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

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26. 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?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another

27. Sexual harassment is treated as what?
sufficient evidence
sexual harassment is protected under title 7 because it effects genders differently in the workplace
members cannot give nationals favorable treatment
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

28. What is legally a disability?
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
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
a physical or mental impairment that substantially limits one or more major life activities

29. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
owner of premise where it was found - after good title is acquired
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

30. 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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

31. Collective mark
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
used by members of a cooperative organization to certify the quality of service or product
it rewards citizens for putting land to good use rather than just sitting on expanses of property
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

32. 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
No - they are considered to be goods and is governed by the uniform commercial code
mental state or intent part 2 of 2 for determining criminal liability
work for a company with more than 50 employees - employed for a year - and must try to give notice

33. Arraignment is what?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
prohibits excessive bail and fines - cruel and unusual punishment
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
entry of a plea - guilty/ not guilty

34. What is a Deed
document by which title to property is passed
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

35. License in trademark law?
agreement permitting use of a trademark
the corporation could have prevented such acts
a physical or mental impairment that substantially limits one or more major life activities
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

36. What is a job offer?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

37. Title VII protected categories?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
allows for use of copyrighted material under certain guidelines
given exclusive possession and control over property - and knowingly accept responsibility
race - sex - national origin - color - religion

38. What composes RICO?
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
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
multiple owners of real or personal property
birth - child placement - employee health - care for spouse - child - or parent - military duty

39. What is the purpose of the adverse possession doctrine?
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
sexual harassment is protected under title 7 because it effects genders differently in the workplace
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

40. Discrimination during the hiring process is acceptable when?
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
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

41. Engagement rings are considered to be?
streamlines and standardizes the processes for applying for a trademark abroad
conditional gifts that are only accepted upon the performance of marriage
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

42. What is an easement by implication?
owners of secret must try and protect - destroy garbage
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
who has been using it first or filed for it first
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

43. What are strong Marks?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
classic stone corp. owns a profit in gross - and cannot transfer this right to another
generally the use of a software to perform a job or deliver product

44. How long is a trademark protected? is it renewable
it is a federal crime to use the us postal service to defraud others on false pretenses
finder after obtaining a title
10 years and it is renewable
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

45. What is not copyrightable?
agreement permitting use of a trademark
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

46. Patent Requirements
novel - useful - non obvious
birth - child placement - employee health - care for spouse - child - or parent - military duty
another persons right to make limited use of another persons real property without taking anything away from the property
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

47. Fair use doctrine
allows for use of copyrighted material under certain guidelines
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
owners of secret must try and protect - destroy garbage
generally the use of a software to perform a job or deliver product

48. Adverse possession
obtaining ownership by living on anothers property
reverse engineer - go through garbage..
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

49. When property is found who gets property when it was abondoned?
test is originality - lasts life of creator - protection is automatic
finder after obtaining a title
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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.

50. What kind of mistake can be used as criminal defense?
the right to enter onto another persons property with the intentions of removing something valuable
mistake of fact
agreement permitting use of a trademark
yes - the particular presentation of known facts in the yellow pages for example is copyrightable