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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. What is a profit under real property law?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
the right to enter onto another persons property with the intentions of removing something valuable

2. Roman Catholic Church V. Prince Reality Management regarding a license?
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
another persons right to make limited use of another persons real property without taking anything away from the property
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

3. Mens Rea
this for that - sexual favors - general conduct however one incident is not enough
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
mental state or intent part 2 of 2 for determining criminal liability
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

4. Possible ruling interpretations for accession cases
sexual harassment is protected under title 7 because it effects genders differently in the workplace
treble damages
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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

5. Are compilation of facts copyrightable? case example
this for that - sexual favors - general conduct however one incident is not enough
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
secondary meaning
criminal defense stating that a crime was necessary in preventing an even greater crime

6. Significance of coca-cola V. koke Co of America
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
key words of a website that are used for search engines
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

7. 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
another persons right to make limited use of another persons real property without taking anything away from the property
document by which title to property is passed
multiple owners of real or personal property

8. Example of how an idea can be inseparable from its expression

9. The EEOC requires that victims do what before they hold employers liable?
this for that - sexual favors - general conduct however one incident is not enough
10 years and it is renewable
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace

10. Constructive bailments are?

11. Title VII prevents discrimination in?

12. What is a license considered to be in real property law?
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
offering someone who works at a different firm money for their trade secrets
criticism - use in satire - news report - use to educate

13. 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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
ownership rights to property

14. Difference between joint tenancy and tenancy in common?
novel - useful - non obvious
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
members cannot give nationals favorable treatment
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

15. Tenancy by the entirety - or community ownership
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

16. In order for a disability to be legally recognized what must exist?
owner of premise where it was found - after good title is acquired
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
record of such condition - being regarded as actually having a condition

17. In order to recieve protection what must one do?
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
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
must effectively try to acquire protection as well as keep the secret

18. Trademarks are good for? are they renewable
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
10 year period renewable
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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

19. Discrimination during the hiring process is acceptable when?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
crops is considered to be real property and should be considered in the sale of such property.

20. Patents allow for the owner to?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
No - property gifts are common
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

21. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
document by which title to property is passed
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 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

22. Employers should handle hostile environments regarding protected members of title 7 by?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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

23. Cybersquatting
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
record of such condition - being regarded as actually having a condition
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
prohibits excessive bail and fines - cruel and unusual punishment

24. What terminates an easement?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
given exclusive possession and control over property - and knowingly accept responsibility
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

25. Strong Marks Case Example

26. Example of an exception to the at will doctrine based on tort theory
fraudulent miss-use of funds that have been entrusted to them
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
members cannot give nationals favorable treatment

27. Necessity defense
classic stone corp. owns a profit in gross - and cannot transfer this right to another
crops is considered to be real property and should be considered in the sale of such property.
criminal defense stating that a crime was necessary in preventing an even greater crime
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

28. Reverse discrimination example firefighters
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
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
sufficient evidence

29. 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?
secondary meaning
classic stone corp. owns a profit in gross - and cannot transfer this right to another
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
can appeal - subject to new trial

30. What kind of mistake can be used as criminal defense?
novel - useful - non obvious
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
streamlines and standardizes the processes for applying for a trademark abroad
mistake of fact

31. Counterfeiting example? regarding punishment
mistake of fact
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
streamlines and standardizes the processes for applying for a trademark abroad
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

32. What could be considered as sexual harassment in the work place
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
this for that - sexual favors - general conduct however one incident is not enough
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
cannot be tried again - no appeal

33. What is an easement by implication?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the 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
criminal defense stating that a crime was necessary in preventing an even greater crime
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

34. Generic terms can never have?
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
intent - delivery - acceptance
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
secondary meaning

35. Estray statutes encourage what?
must effectively try to acquire protection as well as keep the secret
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
cannot be tried again - no appeal
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

36. Special Bailments
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
a physical or mental impairment that substantially limits one or more major life activities
criticism - use in satire - news report - use to educate

37. What is retaliatory discharge?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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

38. Mail fraud act example senator?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
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

39. Darst V. Interstate Brands Corp. regarding family and medical leave rights
allows for use of copyrighted material under certain guidelines
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
used by members of a cooperative organization to certify the quality of service or product
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

40. In real property law who is considered to be the servient estate?
20 years from filing
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
the property that is burdened by a profit
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

41. 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?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire 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

42. Arraignment is what?
entry of a plea - guilty/ not guilty
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
intent when attached and will item be damaged because of removal? hard to determine
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

43. Secondary Meaning Example frosty treats
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
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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. Adverse possession
obtaining ownership by living on anothers property
offering someone who works at a different firm money for their trade secrets
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

45. Larceny
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
taking property away from the owner with the intent of permanently removing them of ownership
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.
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

46. What protection does the 6th amendment provide?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
process of hiding the source of illegally acquired funds

47. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
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
the corporation could have prevented such acts
streamlines and standardizes the processes for applying for a trademark abroad
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

48. What is a covenant of quiet enjoyment?
breaking into a residence with the intent of performing a felony. this is a crime against property.
a warranty that the buyer will not be disturbed in their possession of the land
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
No - they are considered to be goods and is governed by the uniform commercial code

49. Duress criminal defense
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
owners of secret must try and protect - destroy garbage
members cannot give nationals favorable treatment
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

50. How long is a trademark protected? is it renewable
10 years and it is renewable
sufficient evidence
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
a warranty that the buyer will not be disturbed in their possession of the land