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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. Adverse possession
must effectively try to acquire protection as well as keep the secret
key words of a website that are used for search engines
obtaining ownership by living on anothers property
cannot be tried again - no appeal

2. Examples of collective marks
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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. Mail fraud act example senator?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
used by members of a cooperative organization to certify the quality of service or product
treble damages

4. How is the right to use a trademark determined?
who has been using it first or filed for it first
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

5. Bailments are?
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
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
property of one person rightfully in possession of another - custody

6. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

7. Possible ruling interpretations for accession cases
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
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

8. Sambucks vs. starbucks
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
property of one person rightfully in possession of another - custody
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

9. 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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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 property that is burdened by a profit

10. Attorney client privilege accomplishes what?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
hours of employment - conditions - age of 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
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

11. What are strong Marks?
finder after obtaining a title
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
multiple owners of real or personal 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

12. Meta tags
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
key words of a website that are used for search engines

13. Difference between joint tenancy and 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
generally the use of a software to perform a job or deliver product
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
probable cause

14. What composes an 'at will doctrine'
test is originality - lasts life of creator - protection is automatic
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
record of such condition - being regarded as actually having a condition
any party can terminate an employment arrangement at anytime no questions asked

15. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
secondary meaning
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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

16. 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?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
criminal defense stating that a crime was necessary in preventing an even greater crime
taking property away from the owner with the intent of permanently removing them of ownership

17. What protection does the 6th amendment provide?
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
another persons right to make limited use of another persons real property without taking anything away from the property

18. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

19. Is it a fixture?
the property that will benefit from a profit
intent when attached and will item be damaged because of removal? hard to determine
multiple owners of real or personal property
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

20. What is a profit under real property law?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
the right to enter onto another persons property with the intentions of removing something valuable
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
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

21. Steps to determining trademark infringement?
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
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
conditional gifts that are only accepted upon the performance of marriage

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

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23. Commercial bribery example
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
taking property away from the owner with the intent of permanently removing them of ownership
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
offering someone who works at a different firm money for their trade secrets

24. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
10 year period renewable
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property

25. Outcome of a unanimous guilty verdict?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
can appeal - subject to new trial

26. What is an implied warranty of habitability?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

27. The WARN act calls for what?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

28. Mistake of fact criminal defense example

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29. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
the property that will benefit from a profit
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

30. Counterfeiting example? regarding punishment
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
who has been using it first or filed for it first

31. 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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
work for a company with more than 50 employees - employed for a year - and must try to give notice
process of hiding the source of illegally acquired funds

32. How long is a trademark protected? is it renewable
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
the corporation could have prevented such acts
10 years and it is renewable

33. What composes RICO?
fraudulent miss-use of funds that have been entrusted to them
sufficient evidence
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
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

34. Roman Catholic Church V. Prince Reality Management regarding a license?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
classic stone corp. owns a profit in gross - and cannot transfer this right to another

35. Collective mark
any party can terminate an employment arrangement at anytime no questions asked
the right to enter onto another persons property with the intentions of removing something valuable
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
used by members of a cooperative organization to certify the quality of service or product

36. Candyland example?
intent - delivery - acceptance
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
treble damages
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

37. Are compilation of facts copyrightable? case example
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
streamlines and standardizes the processes for applying for a trademark abroad
it is a federal crime to use the us postal service to defraud others on false pretenses
hours of employment - conditions - age of workers

38. 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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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

39. The madrid protocol accomplishes what?
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
streamlines and standardizes the processes for applying for a trademark abroad
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
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

40. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
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
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
crops is considered to be real property and should be considered in the sale of such property.

41. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
mental state or intent part 2 of 2 for determining criminal liability
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
cannot be tried again - no appeal

42. Americans with disabilities act accomplishes what?
treble damages
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

43. Business process patents involve?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
generally the use of a software to perform a job or deliver product
intent - delivery - acceptance
it rewards citizens for putting land to good use rather than just sitting on expanses of property

44. In order to prove discrimination in hiring one has to prove?
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
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
must effectively try to acquire protection as well as keep the secret

45. How long is a copyright protected? for a corporation?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
arises when customers begin to associate a specific term or phrase with specific trademarked items
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
generally the use of a software to perform a job or deliver product

46. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
used by members of a cooperative organization to certify the quality of service or product
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
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

47. Example of an exception to the at will doctrine based on tort theory
it is a federal crime to use the us postal service to defraud others on false pretenses
given exclusive possession and control over property - and knowingly accept responsibility
hours of employment - conditions - age of workers
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

48. What is an easement by prescription?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
criminal defense stating that a crime was necessary in preventing an even greater crime
intent when attached and will item be damaged because of removal? hard to determine
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

49. Facts to be used in the fair use standard are?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
the property that will benefit from a profit
record of such condition - being regarded as actually having a condition
the property that is burdened by a profit

50. What is not copyrightable?
No - they are considered to be goods and is governed by the uniform commercial code
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name