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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. Example of an exception to the at will doctrine based on contract theory
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
sufficient evidence

2. Mail Fraud Act of 1990 is what?
record of such condition - being regarded as actually having a condition
it is a federal crime to use the us postal service to defraud others on false pretenses
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
birth - child placement - employee health - care for spouse - child - or parent - military duty

3. Outcome of unanimous not guilty?
treble damages
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
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
cannot be tried again - no appeal

4. When property is found who gets property when it was abondoned?
hours of employment - conditions - age of workers
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
another persons right to make limited use of another persons real property without taking anything away from the property
finder after obtaining a title

5. Age discrimination achieves what?
mistake of fact
treble damages
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
it is a federal crime to use the us postal service to defraud others on false pretenses

6. Are commercial flights permitted to fly over private property?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

7. Concurrent ownership
sally would possess an easement in this case - the right to travel across property owner peter's land
fraudulent miss-use of funds that have been entrusted to them
multiple owners of real or personal property
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

8. What is a license considered to be in real property law?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
mental state or intent part 2 of 2 for determining criminal liability
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
voluntarily parted with at the time - but then later tries to find it

9. What is a job offer?
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
multiple owners of real or personal property

10. What kind of mistake can be used as criminal defense?
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

11. Title VII prevents discrimination in?

12. License in trademark law?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
agreement permitting use of a trademark
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
a warranty that the buyer will not be disturbed in their possession of the land

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

14. What is the purpose of the adverse possession doctrine?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
given exclusive possession and control over property - and knowingly accept responsibility
intent - delivery - acceptance
it rewards citizens for putting land to good use rather than just sitting on expanses of property

15. Certification mark
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
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

16. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
secondary meaning
arises when customers begin to associate a specific term or phrase with specific trademarked items
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

17. Mens Rea
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
mental state or intent part 2 of 2 for determining criminal liability

18. What are the requirements for adverse possession to be recognized?
fraudulent miss-use of funds that have been entrusted to them
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
novel - useful - non obvious

19. Example of an exception to the at will doctrine based on tort theory
arises when customers begin to associate a specific term or phrase with specific trademarked items
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
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

20. Patent Requirements
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
novel - useful - non obvious
criticism - use in satire - news report - use to educate

21. Trademark dilution
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

22. Gold club corporate criminal liability example?
owners of secret must try and protect - destroy garbage
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

23. When property is found that was mislaid who owns it?
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
owner of premise where it was found - after good title is acquired
key words of a website that are used for search engines

24. What is an easement by implication?
agreement permitting use of a trademark
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
hours of employment - conditions - age of workers
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

25. Meta tags
any party can terminate an employment arrangement at anytime no questions asked
key words of a website that are used for search engines
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
conditional gifts that are only accepted upon the performance of marriage

26. Candyland 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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

27. 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?
the corporation could have prevented such acts
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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

28. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

29. Drake V. Walton County regarding the county taking property
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
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.
prohibits excessive bail and fines - cruel and unusual punishment
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

30. Responsible corporate officer doctrine?
fraudulent miss-use of funds that have been entrusted to them
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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

31. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
20 years from filing

32. What is a covenant of quiet enjoyment?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
a warranty that the buyer will not be disturbed in their possession of the land

33. What are the requirements for making a gift an effective transfer of ownership?
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
generally the use of a software to perform a job or deliver product
intent - delivery - acceptance

34. What composes RICO?
a deed that transfers interest in a life estate from one to another
taking property away from the owner with the intent of permanently removing them of ownership
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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

35. 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.
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
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
obtaining ownership by living on anothers property

36. What conditions are covered by the family medical leave act?
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
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

37. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
used by members of a cooperative organization to certify the quality of service or product
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

38. Mistake of fact criminal defense example

39. Money laundering
process of hiding the source of illegally acquired funds
document by which title to property is passed
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
No - property gifts are common

40. Significance of coca-cola V. koke Co of America
a warranty that the buyer will not be disturbed in their possession of the land
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
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
voluntarily parted with at the time - but then later tries to find it

41. Facts to be used in the fair use standard are?
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
must effectively try to acquire protection as well as keep the secret
novel - useful - non obvious

42. How long is a copyright protected? for a corporation?
conditional gifts that are only accepted upon the performance of marriage
prohibits excessive bail and fines - cruel and unusual punishment
allows for use of copyrighted material under certain guidelines
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

43. The EEOC requires that victims do what before they hold employers liable?
No - but if they find any other reason - like you have been late often than you'll probably get fired
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
race - sex - national origin - color - religion
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

44. Joint tenancy
key words of a website that are used for search engines
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
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

45. Requirements of a bailement
intent when attached and will item be damaged because of removal? hard to determine
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
ownership rights to property
given exclusive possession and control over property - and knowingly accept responsibility

46. KSR Internation V. Teleflex INC. regarding what is patentable?

47. What is can be considered trade dress?
distinctive decor - menu - style - service of an offering
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
sufficient evidence
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

48. 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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
finder after obtaining a title
sufficient evidence

49. Collective mark
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
used by members of a cooperative organization to certify the quality of service or product
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
a warranty that the buyer will not be disturbed in their possession of the land

50. Is it a fixture?
owner of premise where it was found - after good title is acquired
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
intent when attached and will item be damaged because of removal? hard to determine
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+