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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 is a license considered to be in real property law?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
the property that is burdened by a profit
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

2. What must a deed possess to be valid?

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3. How can you come to possess land through adverse possession?
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
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

4. The WARN act calls for what?
can appeal - subject to new trial
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
taking property away from the owner with the intent of permanently removing them of ownership

5. Burglary
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
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

6. What is secondary meaning?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
conditional gifts that are only accepted upon the performance of marriage
arises when customers begin to associate a specific term or phrase with specific trademarked items
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

7. Bailments are?
property of one person rightfully in possession of another - custody
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
agreement permitting use of a trademark

8. 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
crops is considered to be real property and should be considered in the sale of such property.
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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

9. Darst V. Interstate Brands Corp. regarding family and medical leave rights
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
members cannot give nationals favorable treatment
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
agreement permitting use of a trademark

10. What protection does the 6th amendment provide?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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

11. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
ownership rights to property
first person to invent not file for patent
conditional gifts that are only accepted upon the performance of marriage

12. How are trade secrets treated and protected?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
secondary meaning

13. Arrest requires
used by members of a cooperative organization to certify the quality of service or product
probable cause
distinctive decor - menu - style - service of an offering
intent when attached and will item be damaged because of removal? hard to determine

14. What is Actus Reus
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
finder after obtaining a title
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
secondary meaning

15. Can you be fired for whistle blowing?

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16. Mislaid property
voluntarily parted with at the time - but then later tries to find it
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
record of such condition - being regarded as actually having a condition
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

17. Sambucks vs. starbucks
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
treble damages
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
birth - child placement - employee health - care for spouse - child - or parent - military duty

18. 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.
No - but if they find any other reason - like you have been late often than you'll probably get fired
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

19. Concurrent ownership
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
another persons right to make limited use of another persons real property without taking anything away from the property
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
multiple owners of real or personal property

20. How long is a trademark protected? is it renewable
crops is considered to be real property and should be considered in the sale of such 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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
10 years and it is renewable

21. What is can be considered trade dress?
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
distinctive decor - menu - style - service of an offering
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

22. Title VII protected categories?
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
mental state or intent part 2 of 2 for determining criminal liability
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
race - sex - national origin - color - religion

23. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
10 years and it is renewable
distinctive decor - menu - style - service of an offering

24. Attorney client privilege accomplishes what?
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
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
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

25. Commercial bribery example
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
breaking into a residence with the intent of performing a felony. this is a crime against property.
work for a company with more than 50 employees - employed for a year - and must try to give notice
offering someone who works at a different firm money for their trade secrets

26. Example of an exception to the at will doctrine based on tort theory
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
10 year period renewable
property of one person rightfully in possession of another - custody

27. Outcome of unanimous not guilty?
sally would possess an easement in this case - the right to travel across property owner peter's land
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
agreement permitting use of a trademark
cannot be tried again - no appeal

28. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
novel - useful - non obvious
treble damages

29. In order to prove discrimination in hiring one has to prove?
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
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
offering someone who works at a different firm money for their trade secrets

30. Derivative work
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

31. Meta tags
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
streamlines and standardizes the processes for applying for a trademark abroad
birth - child placement - employee health - care for spouse - child - or parent - military duty
key words of a website that are used for search engines

32. Necessity defense
sexual harassment is protected under title 7 because it effects genders differently in the workplace
criminal defense stating that a crime was necessary in preventing an even greater crime
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
a physical or mental impairment that substantially limits one or more major life activities

33. Drake V. Walton County regarding the county taking property
work for a company with more than 50 employees - employed for a year - and must try to give notice
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.
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

34. What is the purpose of the adverse possession doctrine?
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
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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

35. In real property law who is considered to be the servient estate?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
the property that is burdened by a profit
a deed that transfers interest in a life estate from one to another
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

36. What is the difference between real and personal property?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
document by which title to property is passed
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

37. What terminates an easement?
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
agreement permitting use of a trademark

38. What conditions are covered by the family medical leave act?
obtaining ownership by living on anothers property
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
birth - child placement - employee health - care for spouse - child - or parent - military duty

39. What is not copyrightable?
hours of employment - conditions - age of workers
20 years from filing
the right to enter onto another persons property with the intentions of removing something valuable
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

40. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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

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

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42. What is the determining issue when proving entrapment?
this for that - sexual favors - general conduct however one incident is not enough
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
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

43. What is a Deed
criminal defense stating that a crime was necessary in preventing an even greater crime
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
document by which title to property is passed
any party can terminate an employment arrangement at anytime no questions asked

44. Dominion
ownership rights to property
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

45. What is an implied warranty of habitability?
agreement permitting use of a 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
No - property gifts are common
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

46. Indictment requires
sufficient evidence
the corporation could have prevented such acts
intent when attached and will item be damaged because of removal? hard to determine
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

47. The Berne Convention
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
process of hiding the source of illegally acquired funds
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

48. 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?
breaking into a residence with the intent of performing a felony. this is a crime against property.
classic stone corp. owns a profit in gross - and cannot transfer this right to another
allows for use of copyrighted material under certain guidelines
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

49. Generic terms can never have?
secondary meaning
process of hiding the source of illegally acquired funds
must effectively try to acquire protection as well as keep the secret
another persons right to make limited use of another persons real property without taking anything away from the property

50. Money laundering
process of hiding the source of illegally acquired funds
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
given exclusive possession and control over property - and knowingly accept responsibility