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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.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.

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. What terminates an easement?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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

2. Can you be fired for whistle blowing?

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3. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
voluntarily parted with at the time - but then later tries to find it
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

4. Duress criminal defense
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
reverse engineer - go through garbage..

5. Roman Catholic Church V. Prince Reality Management regarding a license?
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
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
obtaining ownership by living on anothers property
can appeal - subject to new trial

6. Mislaid property
intent - delivery - acceptance
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
voluntarily parted with at the time - but then later tries to find it
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

7. Indictment requires
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
sufficient evidence

8. Generic terms can never have?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
sexual harassment is protected under title 7 because it effects genders differently in the workplace
secondary meaning
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

9. Sambucks vs. starbucks
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
property of one person rightfully in possession of another - custody
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

10. The madrid protocol accomplishes what?
breaking into a residence with the intent of performing a felony. this is a crime against property.
multiple owners of real or personal property
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
streamlines and standardizes the processes for applying for a trademark abroad

11. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?

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12. What is an implied warranty of habitability?
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
sufficient evidence
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

13. What is secondary meaning?
arises when customers begin to associate a specific term or phrase with specific trademarked items
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
criminal defense stating that a crime was necessary in preventing an even greater crime
sufficient evidence

14. How can you come to possess land through adverse possession?
this for that - sexual favors - general conduct however one incident is not enough
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
record of such condition - being regarded as actually having a condition

15. Trademarks are good for? are they renewable
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
10 year period renewable
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

16. Mail fraud act example senator?
voluntarily parted with at the time - but then later tries to find it
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
No - they are considered to be goods and is governed by the uniform commercial code
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

17. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
No - but if they find any other reason - like you have been late often than you'll probably get fired

18. Engagement rings are considered to be?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
conditional gifts that are only accepted upon the performance of marriage
key words of a website that are used for search engines
No - property gifts are common

19. Members of the TRIPS agreement cannot do what?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
members cannot give nationals favorable treatment
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
novel - useful - non obvious

20. The Berne Convention
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
another persons right to make limited use of another persons real property without taking anything away from the property
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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

21. Embezzlement
multiple owners of real or personal property
a physical or mental impairment that substantially limits one or more major life activities
fraudulent miss-use of funds that have been entrusted to them
streamlines and standardizes the processes for applying for a trademark abroad

22. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
entry of a plea - guilty/ not guilty
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
crops is considered to be real property and should be considered in the sale of such property.

23. What is retaliatory discharge?
generally the use of a software to perform a job or deliver product
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
entry of a plea - guilty/ not guilty
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

24. Examples of collective marks
owners of secret must try and protect - destroy garbage
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
generally the use of a software to perform a job or deliver product

25. Burglary
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
the property that is burdened by a profit
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

26. What is an easement by prescription?
key words of a website that are used for search engines
sufficient evidence
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
intent when attached and will item be damaged because of removal? hard to determine

27. What is can be considered trade dress?
cannot be tried again - no appeal
key words of a website that are used for search engines
distinctive decor - menu - style - service of an offering
hours of employment - conditions - age of workers

28. Example of an exception to the at will doctrine based on tort theory
members cannot give nationals favorable treatment
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
intent when attached and will item be damaged because of removal? hard to determine
distinctive decor - menu - style - service of an offering

29. Constructive bailments are?

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30. Fair labor standards act covers issues such as?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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
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
hours of employment - conditions - age of workers

31. Sexual harassment is treated as what?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
No - they are considered to be goods and is governed by the uniform commercial code
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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

32. Service mark
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
process of hiding the source of illegally acquired funds
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
mistake of fact

33. Americans with disabilities act accomplishes what?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
generally the use of a software to perform a job or deliver product
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

34. Triple amount of damages definition
treble damages
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

35. What composes RICO?
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

36. Arrest requires
probable cause
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

37. What is a warranty deed?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
this for that - sexual favors - general conduct however one incident is not enough
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

38. 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.
it is a federal crime to use the us postal service to defraud others on false pretenses
work for a company with more than 50 employees - employed for a year - and must try to give notice
intent - delivery - acceptance

39. What is the result of a mistrial or a hung jury?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
intent - delivery - acceptance
obtaining ownership by living on anothers property

40. What uses fall under the fair use doctrine?
a deed that transfers interest in a life estate from one to another
a warranty that the buyer will not be disturbed in their possession of the land
criticism - use in satire - news report - use to educate
conditional gifts that are only accepted upon the performance of marriage

41. Significance of coca-cola V. koke Co of America
intent when attached and will item be damaged because of removal? hard to determine
owners of secret must try and protect - destroy garbage
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
process of hiding the source of illegally acquired funds

42. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
streamlines and standardizes the processes for applying for a trademark abroad
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
test is originality - lasts life of creator - protection is automatic

43. What is a Deed
document by which title to property is passed
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

44. What must a deed possess to be valid?

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45. Country club case
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
the property that will benefit from a profit
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

46. Purpose of criminal penalties?
owner of premise where it was found - after good title is acquired
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
a deed that transfers interest in a life estate from one to another

47. Concurrent ownership
mental state or intent part 2 of 2 for determining criminal liability
cannot be tried again - no appeal
multiple owners of real or personal property
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

48. Patents allow for the owner to?
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
10 year period renewable
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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

49. Secondary Meaning Example frosty treats
No - they are considered to be goods and is governed by the uniform commercial code
must effectively try to acquire protection as well as keep the secret
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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

50. Tenancy by the entirety - or community ownership
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
the right to enter onto another persons property with the intentions of removing something valuable
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50