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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. Patent Requirements
it rewards citizens for putting land to good use rather than just sitting on expanses of property
owner of premise where it was found - after good title is acquired
intent - delivery - acceptance
novel - useful - non obvious

2. Title VII protected categories?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
race - sex - national origin - color - religion
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

3. What terminates an easement?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
used by members of a cooperative organization to certify the quality of service or product
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
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

4. Mail Fraud Act of 1990 is what?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
a deed that transfers interest in a life estate from one to another
it is a federal crime to use the us postal service to defraud others on false pretenses
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

5. In order to prove discrimination in hiring one has to prove?
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
intent when attached and will item be damaged because of removal? hard to determine
another persons right to make limited use of another persons real property without taking anything away from the property
hours of employment - conditions - age of workers

6. 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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
sufficient evidence
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. Constructive bailments are?

8. What is retaliatory discharge?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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

9. Indictment requires
must effectively try to acquire protection as well as keep the secret
sufficient evidence
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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

10. Are commercial flights permitted to fly over private property?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

11. Roman Catholic Church V. Prince Reality Management regarding a license?
test is originality - lasts life of creator - protection is automatic
the corporation could have prevented such acts
streamlines and standardizes the processes for applying for a trademark abroad
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

12. Determining disability regarding with and without equipment?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
mistake of fact
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace

13. Napster example?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
hours of employment - conditions - age of workers
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
arises when customers begin to associate a specific term or phrase with specific trademarked items

14. What could be considered as sexual harassment in the work place
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
test is originality - lasts life of creator - protection is automatic
fraudulent miss-use of funds that have been entrusted to them
this for that - sexual favors - general conduct however one incident is not enough

15. In order to recieve protection what must one do?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
must effectively try to acquire protection as well as keep the secret
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.
another persons right to make limited use of another persons real property without taking anything away from the property

16. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
hours of employment - conditions - age of workers
finder after obtaining a title
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

17. Fair use is limited to?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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
10 year period renewable

18. Steps to determining trademark 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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

19. Mens Rea
No - but if they find any other reason - like you have been late often than you'll probably get fired
mental state or intent part 2 of 2 for determining criminal liability
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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

20. Adverse possession
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
hours of employment - conditions - age of workers
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
obtaining ownership by living on anothers property

21. What is a warranty deed?
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
novel - useful - non obvious
classic stone corp. owns a profit in gross - and cannot transfer this right to another

22. In order for a disability to be legally recognized what must exist?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
record of such condition - being regarded as actually having a condition
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

23. What is can be considered trade dress?
who has been using it first or filed for it first
crops is considered to be real property and should be considered in the sale of such property.
distinctive decor - menu - style - service of an offering
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

24. Tenancy in common
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
mistake of fact
entry of a plea - guilty/ not guilty
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

25. What are the requirements for adverse possession to be recognized?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
first person to invent not file for patent
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
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

26. Arraignment is what?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
entry of a plea - guilty/ not guilty

27. Counterfeiting example? regarding punishment
considering the fact that cocaine was no longer an active ingredient and had been advertised as so - the name coke was found to be so common a name for the beverage that Koke was an infringement of trademark
document by which title to property is passed
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
race - sex - national origin - color - religion

28. The madrid protocol accomplishes what?
breaking into a residence with the intent of performing a felony. this is a crime against property.
streamlines and standardizes the processes for applying for a trademark abroad
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

29. What protection does the 8th amendment provide?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
sufficient evidence
prohibits excessive bail and fines - cruel and unusual punishment
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

30. Americans with disabilities act accomplishes what?
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

31. How long is a trademark protected? is it renewable
10 years and it is renewable
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

32. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
taking property away from the owner with the intent of permanently removing them of 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
any party can terminate an employment arrangement at anytime no questions asked

33. License in trademark law?
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
agreement permitting use of a trademark
secondary meaning
offering someone who works at a different firm money for their trade secrets

34. What uses fall under the fair use doctrine?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
criticism - use in satire - news report - use to educate
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
mental state or intent part 2 of 2 for determining criminal liability

35. Copyright requirements
sexual harassment is protected under title 7 because it effects genders differently in the workplace
test is originality - lasts life of creator - protection is automatic
prohibits excessive bail and fines - cruel and unusual punishment
given exclusive possession and control over property - and knowingly accept responsibility

36. Reasonable accommodation requirements by the ADA
intent when attached and will item be damaged because of removal? hard to determine
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
this for that - sexual favors - general conduct however one incident is not enough
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

37. Commercial bribery example
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
hours of employment - conditions - age of workers
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
offering someone who works at a different firm money for their trade secrets

38. 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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
it rewards citizens for putting land to good use rather than just sitting on expanses of property

39. Significance of coca-cola V. koke Co of America
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
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

40. If property owner Peter sells a chunk of his estate to Sally - and that property is cut off from any public roads - what is sally supposed to do?

41. What is the purpose of the adverse possession doctrine?
voluntarily parted with at the time - but then later tries to find it
it rewards citizens for putting land to good use rather than just sitting on expanses of property
offering someone who works at a different firm money for their trade secrets
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

42. Business process patents involve?
crops is considered to be real property and should be considered in the sale of such property.
generally the use of a software to perform a job or deliver product
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

43. A woman checks her coat at a restaurant - and when she gets her coat back her expensive necklace is gone - can the woman sue the restaurant?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
20 years from filing

44. Mail fraud act example senator?
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
arises when customers begin to associate a specific term or phrase with specific trademarked items

45. Money laundering
sufficient evidence
intent - delivery - acceptance
process of hiding the source of illegally acquired funds
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

46. 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
crops is considered to be real property and should be considered in the sale of such property.
process of hiding the source of illegally acquired funds
treble damages

47. Examples of collective marks
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

48. What is the determining issue when proving entrapment?
treble damages
sufficient evidence
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

49. What conditions are covered by the family medical leave act?
ownership rights to property
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
birth - child placement - employee health - care for spouse - child - or parent - military duty
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

50. What kind of mistake can be used as criminal defense?
this for that - sexual favors - general conduct however one incident is not enough
mistake of fact
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 someone tries to patent a rulebook to a known game that is public domain - there is nothing unique about it - the rules are known writing them out isn't any different than the idea