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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. Purpose of criminal penalties?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
hours of employment - conditions - age of workers
work for a company with more than 50 employees - employed for a year - and must try to give notice

2. Joint tenancy
a warranty that the buyer will not be disturbed in their possession of the land
the property that will benefit from a profit
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
first person to invent not file for patent

3. How is the right to use a trademark determined?
who has been using it first or filed for it first
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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

4. Sexual harassment is treated as what?
given exclusive possession and control over property - and knowingly accept responsibility
novel - useful - non obvious
sexual harassment is protected under title 7 because it effects genders differently in the workplace
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

5. Napster example?
intent - delivery - acceptance
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

6. Americans with disabilities act accomplishes what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

7. What protection does the 6th amendment provide?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
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

8. Duress criminal defense
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

9. 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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
arises when customers begin to associate a specific term or phrase with specific trademarked items
a warranty that the buyer will not be disturbed in their possession of the land

10. What is protected expression?
probable cause
taking property away from the owner with the intent of permanently removing them of ownership
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

11. What happens when land is sold that is growing crops?
first person to invent not file for patent
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
crops is considered to be real property and should be considered in the sale of such property.

12. Title VII prevents discrimination in?

13. Examples of collective marks
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
court found that sambucks caused significant confusion required to harm the value of starbacks 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
this for that - sexual favors - general conduct however one incident is not enough

14. Gold club corporate criminal liability example?
generally the use of a software to perform a job or deliver product
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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.
a deed that transfers interest in a life estate from one to another

15. What composes an 'at will doctrine'
prohibits excessive bail and fines - cruel and unusual punishment
who has been using it first or filed for it first
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
any party can terminate an employment arrangement at anytime no questions asked

16. Mail Fraud Act of 1990 is what?
multiple owners of real or personal property
10 year period renewable
it is a federal crime to use the us postal service to defraud others on false pretenses
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

17. Derivative work
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
reverse engineer - go through garbage..
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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

18. Candyland example?
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

19. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
key words of a website that are used for search engines
can appeal - subject to new trial
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
secondary meaning

20. Special Bailments
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
fraudulent miss-use of funds that have been entrusted to them
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
first person to invent not file for patent

21. What is a covenant of quiet enjoyment?
the corporation could have prevented such acts
allows for use of copyrighted material under certain guidelines
members cannot give nationals favorable treatment
a warranty that the buyer will not be disturbed in their possession of the land

22. How are trade secrets treated and protected?
given exclusive possession and control over property - and knowingly accept responsibility
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
owners of secret must try and protect - destroy garbage

23. Mislaid 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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
voluntarily parted with at the time - but then later tries to find it
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

24. What is a license considered to be in real property law?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
generally the use of a software to perform a job or deliver product
who has been using it first or filed for it first

25. Attorney client privilege accomplishes what?
agreement permitting use of a trademark
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
secondary meaning

26. Indictment requires
this for that - sexual favors - general conduct however one incident is not enough
No - property gifts are common
sufficient evidence
criticism - use in satire - news report - use to educate

27. How can you come to possess land through adverse possession?
sally would possess an easement in this case - the right to travel across property owner peter's land
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
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

28. Remedies for patent infringement
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
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

29. Trademarks are good for? are they renewable
novel - useful - non obvious
can appeal - subject to new trial
10 year period renewable
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

30. What kind of mistake can be used as criminal defense?
taking property away from the owner with the intent of permanently removing them of ownership
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
mistake of fact
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

31. Fair use doctrine
a deed that transfers interest in a life estate from one to another
allows for use of copyrighted material under certain guidelines
race - sex - national origin - color - religion
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

32. Possible ruling interpretations for accession cases
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
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

33. Requirements of a bailement
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
given exclusive possession and control over property - and knowingly accept responsibility
conditional gifts that are only accepted upon the performance of marriage
treble damages

34. What is not copyrightable?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
the right to enter onto another persons property with the intentions of removing something valuable
distinctive decor - menu - style - service of an offering
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

35. What could be considered as sexual harassment in the work place
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
generally the use of a software to perform a job or deliver product
this for that - sexual favors - general conduct however one incident is not enough

36. What are the requirements for making a gift an effective transfer of ownership?
intent - delivery - acceptance
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
streamlines and standardizes the processes for applying for a trademark abroad
key words of a website that are used for search engines

37. How long is a trademark protected? is it renewable
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.
10 years and it is renewable
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
sally would possess an easement in this case - the right to travel across property owner peter's land

38. License in trademark law?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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
agreement permitting use of a trademark

39. Title VII protected categories?
race - sex - national origin - color - religion
secondary meaning
any party can terminate an employment arrangement at anytime no questions asked
20 years from filing

40. What determines likeliness of confusion?
secondary meaning
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
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

41. Strong Marks Case Example

42. Are crops real property when they are sold?
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
No - they are considered to be goods and is governed by the uniform commercial code
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
sally would possess an easement in this case - the right to travel across property owner peter's land

43. Dominion
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
intent - delivery - acceptance
ownership rights to property
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

44. Facts to be used in the fair use standard are?
record of such condition - being regarded as actually having a condition
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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
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

45. What is an implied warranty of habitability?
hours of employment - conditions - age of workers
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

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

47. Steps to determining trademark infringement?
treble damages
another persons right to make limited use of another persons real property without taking anything away from the property
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

48. Counterfeiting example? regarding punishment
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
obtaining ownership by living on anothers property
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

49. Mistake of fact criminal defense example

50. Drake V. Walton County regarding the county taking property
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.
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
treble damages
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine