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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 legally a disability?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
county changed drainage flow during an emergency and did not restore flow - which resulted in permanent damage. state court ruled that the reconfiguration was effectively unjustly taking their land and compensation was due.
a physical or mental impairment that substantially limits one or more major life activities

2. 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
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
key words of a website that are used for search engines
No - property gifts are common

3. What is Actus Reus
agreement permitting use of a trademark
a prohibited act. performance of such act is 1 part 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
birth - child placement - employee health - care for spouse - child - or parent - military duty

4. Workers comp and negligence

5. What protection does the 6th amendment provide?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
race - sex - national origin - color - religion
cannot be tried again - no appeal
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

6. Darst V. Interstate Brands Corp. regarding family and medical leave rights
prohibits excessive bail and fines - cruel and unusual punishment
secondary meaning
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
must effectively try to acquire protection as well as keep the secret

7. Determining disability regarding with and without equipment?
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
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
a deed that transfers interest in a life estate from one to another
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

8. 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?

9. How is the right to use a trademark determined?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
who has been using it first or filed for it first
treble damages
agreement permitting use of a trademark

10. What composes RICO?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
reverse engineer - go through garbage..
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. Joint tenancy
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
the property that will benefit from a profit
prohibits excessive bail and fines - cruel and unusual punishment
arises when customers begin to associate a specific term or phrase with specific trademarked items

12. Meta tags
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
key words of a website that are used for search engines
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
birth - child placement - employee health - care for spouse - child - or parent - military duty

13. What could be considered as sexual harassment in the work place
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
this for that - sexual favors - general conduct however one incident is not enough
reverse engineer - go through garbage..
fraudulent miss-use of funds that have been entrusted to them

14. What determines likeliness of confusion?
prohibits excessive bail and fines - cruel and unusual punishment
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
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

15. Tenancy in common
prohibits excessive bail and fines - cruel and unusual punishment
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
secondary meaning

16. Burglary
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
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

17. Tenancy by the entirety - or community ownership
any party can terminate an employment arrangement at anytime no questions asked
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
when someone finds someone else's property a bailment is performed - they accepted to control the property (custody) - considering bailments are temporary - it is implied that they should try and return it - falls under estray statutes

18. How long is a trademark protected? is it renewable
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
intent - delivery - acceptance
10 years and it is renewable
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

19. Age discrimination achieves what?
allows for use of copyrighted material under certain guidelines
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
property of one person rightfully in possession of another - custody
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

20. In order for a disability to be legally recognized what must exist?
10 years and it is renewable
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
finder after obtaining a title
record of such condition - being regarded as actually having a condition

21. How long are patents protected?
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
sally would possess an easement in this case - the right to travel across property owner peter's land
20 years from filing
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

22. Adverse possession
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
prohibits excessive bail and fines - cruel and unusual punishment
obtaining ownership by living on anothers property
the right to enter onto another persons property with the intentions of removing something valuable

23. What are the requirements for making a gift an effective transfer of ownership?
intent - delivery - acceptance
sexual harassment is protected under title 7 because it effects genders differently in the workplace
streamlines and standardizes the processes for applying for a trademark abroad
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

24. Responsible corporate officer doctrine?
any party can terminate an employment arrangement at anytime no questions asked
signed by hundreds of countries that establishes standards for the international protection of intellectual property
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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

25. Title VII protected categories?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
race - sex - national origin - color - religion

26. Sexual harassment is treated as what?
owners of secret must try and protect - destroy garbage
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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+

27. What is an easement by implication?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
distinctive decor - menu - style - service of an offering

28. Indictment requires
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
classic stone corp. owns a profit in gross - and cannot transfer this right to another
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
sufficient evidence

29. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
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
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
the property that will benefit from a profit

30. What is secondary meaning?
distinctive decor - menu - style - service of an offering
key words of a website that are used for search engines
arises when customers begin to associate a specific term or phrase with specific trademarked items
criminal defense stating that a crime was necessary in preventing an even greater crime

31. Country club case
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
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
criminal defense stating that a crime was necessary in preventing an even greater crime

32. What is a license considered to be in real property law?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
who has been using it first or filed for it first
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

33. Purpose of criminal penalties?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
sufficient evidence
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

34. When property is found who gets property when it was abondoned?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
criminal defense stating that a crime was necessary in preventing an even greater crime
finder after obtaining a title

35. Steps to determining trademark infringement?
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
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
any party can terminate an employment arrangement at anytime no questions asked
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

36. What are strong Marks?
probable cause
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
allows for use of copyrighted material under certain guidelines
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

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

38. EEOC is responsible for doing what?
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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

39. In order to recieve protection what must one do?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
a physical or mental impairment that substantially limits one or more major life activities
secondary meaning
must effectively try to acquire protection as well as keep the secret

40. TRIPS agreement
sexual harassment is protected under title 7 because it effects genders differently in the workplace
the property that is burdened by a profit
signed by hundreds of countries that establishes standards for the international protection of intellectual property
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

41. Members of the TRIPS agreement cannot do what?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
members cannot give nationals favorable treatment
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

42. 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
it is a federal crime to use the us postal service to defraud others on false pretenses
classic stone corp. owns a profit in gross - and cannot transfer this right to another
10 years and it is renewable

43. How long is a copyright protected? for a corporation?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
No - they are considered to be goods and is governed by the uniform commercial code
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

44. Are compilation of facts copyrightable? case example
who has been using it first or filed for it first
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
crops is considered to be real property and should be considered in the sale of such property.
10 years and it is renewable

45. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
a physical or mental impairment that substantially limits one or more major life activities
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
intent - delivery - acceptance
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

46. Embezzlement
multiple owners of real or personal property
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
fraudulent miss-use of funds that have been entrusted to them
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

47. Necessity defense
conditional gifts that are only accepted upon the performance of marriage
criminal defense stating that a crime was necessary in preventing an even greater crime
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

48. Service mark
race - sex - national origin - color - religion
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
multiple owners of real or personal property

49. What conditions are covered by the family medical leave act?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
treble damages
birth - child placement - employee health - care for spouse - child - or parent - military duty
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

50. Example of an exception to the at will doctrine based on tort theory
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
race - sex - national origin - color - religion
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
crops is considered to be real property and should be considered in the sale of such property.